Patna High Court

Rocky @ Rocky SinghversusSharad @ Sharad Sinha,

Decided: 3 April 2026
Disposal: ALLOWED
Bench: S B P SINGH

Holding

The court held that a civil miscellaneous proceeding dismissed for non‑compliance may be restored upon a proper application supported by an affidavit.

Summary

Petitioner Rocky Singh filed an application seeking restoration of Civil Miscellaneous No. 267 of 2018, which had been dismissed on 19 September 2025 for failure to comply with an order dated 12 July 2022. The petitioner supported the application with an affidavit. The learned counsel for the petitioner argued that the dismissal was procedural and that the case could be reinstated. The court examined whether a dismissed civil miscellaneous proceeding could be revived upon a proper application. Finding the affidavit satisfactory, the court allowed the application and restored the original case to the file.

Issues considered

Whether a civil miscellaneous proceeding dismissed for non‑compliance with a court order can be restored upon filing of an application supported by an affidavit.

Subjects

restoration of suit
civil miscellaneous jurisdiction
non‑compliance
affidavit
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.304 of 2026
                                                       In
                       CIVIL MISCELLANEOUS JURISDICTION No.267 of 2018
                 ======================================================
                 Rocky @ Rocky Singh Son of Late Rajkumar Sinha, Resident of Mohalla-
                 MIG-334, Lohianagar, P.S. Kankarbagh, District- Patna, Pin- 800020, At
                 present- Reversa Apartment Kokar Chauk, Kokar District- Ranchi,
                 (Jharkhand) Highest Building of the locality, Mob No.- 08651536939.
                                                                            ... ... Petitioner/s
                                                    Versus
                 Sharad @ Sharad Sinha, Son of Late Raj Kumar Sinha, Resident of Mohalla-
                 MIG-334, Lohianagar, P.S. Kankarbagh, District- Patna, Pin- 800020, At
                 present- A-3 Flat No.5 New Raipur Road, P.S. Jadavpur, Kolkata, Pin 700084,
                 West Bengal, Mob No. 09874651188. ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Braj Bhushan Mishra
                 For the Opposite Party/s :     Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
                                       ORAL ORDER

3   03-04-2026                  1. Heard learned counsel for the petitioner.

                                2. The present application has been filed for

                   restoration of Civil Miscellaneous No. 267 of 2018, which got

                   dismissed on 19.09.2025 for non compliance of the order dated

                   12.07.2022.

                                 3. For the reasons stated in this application, supported

                   by the affidavit the same is allowed and the connected case,

                   bearing Civil Miscellaneous No. 267 of 2018, is restored to its

                   original file.



                                              (S. B. Pd. Singh, J)
Ankit Kumar/-

U

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