Patna High Court
Mostt. Gayatri DeviversusBhola Singh
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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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