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Patna High Court

Mostt. Gayatri DeviversusBhola Singh

Decided
Disposal
DISPOSED

Holding

The court restored the second appeal upon the petitioner’s payment of Rs 1,000 to the Legal Services Committee.

Summary

The petitioner, Gayatri Devi, filed a miscellaneous jurisdiction application seeking restoration of Second Appeal No. 474 of 2008, which had been dismissed for default on 4‑April‑2012 for non‑compliance with an earlier order. The petition relied on paragraphs 3 to 8 of the application to justify restoration. The High Court examined whether the appeal could be revived despite the default dismissal. The Court held that restoration is permissible provided the petitioner pays a fee of Rs 1,000 to the Patna High Court Legal Services Committee. Consequently, the second appeal was restored to its original file and any pending interim applications were disposed of.

Issues considered

  • Whether a second appeal dismissed for default can be restored upon payment of a prescribed fee?

Subjects

  • restoration of appeal
  • default dismissal
  • legal services fee
  • high court procedure
  • miscellaneous jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.3011 of 2017
                                                      In
                                   SECOND APPEAL No.474 of 2008
                 ======================================================
                 Mostt. Gayatri Devi wife of Late Bhubneshwar Singh resident of village
                 Nawabganj Kosara, P.S. and District Shekhpura.

                                                                                ... ... Petitioner/s
                                                Versus
           1.1. Chinta Devi W/o late Bhola Singh, Resident of Village Kosara, P.S.
                Shekhpura, District- Shekhpura.
           1.2. Pinku Kumar S/o Late Bhola Singh, Resident of Village Kosara, P.S.
                Shekhpura, District- Shekhpura.
           1.3. Manoj Kumar S/o late Bhola Singh, Resident of Village Kosara, P.S.
                Shekhpura, District- Shekhpura.
           1.4. Guriya Kumari D/o late Bhola Singh, Resident of Village Kosara, P.S.
                Shekhpura, District- Shekhpura.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shivendra Kumar Sinha, Adv.
                 For the Opposite Party/s :        Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

6   26-03-2026                    Heard the parties.

                                2. The present application has been preferred:

                                                        for restoration of Second Appeal
                                              No. 474 of 2008 which stood dismissed for
                                              default on 4.4.12 for non-compliance of
                                              order dated 21.3.12 passed by Hon'ble Mr.
                                              Justice V. Nath.
                                3. For the reasons assigned in Paragraph nos. 3 to 8 of

                   the petition, the MJC No. 3011 of 2017 is allowed subject to

                   payment of Rs. 1,000/- to Patna High Court Legal Services

                   Committee.
           Patna High Court MJC No.3011 of 2017(6) dt.26-03-2026
                                                       2/2




                                  4. Accordingly, the S.A. No. 474 of 2008 is restored

                     to its original file.

                                  5. Pending I.A.(s), if any, also stands disposed of.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U


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