Created by Fuzzy Cloud

Patna High Court

Mukul Raj Dubey @ Khokhan DubeyversusManjit Kumar Dubey

Decided
Disposal
ALLOWED

Holding

A petition for restoration filed within the prescribed limitation period is sufficient to restore a dismissed appeal.

Summary

The petitioner, Mukul Raj Dubey, filed an application before the Patna High Court seeking restoration of First Appeal No. 222 of 2019, which had been dismissed for default on 21 August 2025. The dismissal was procedural, and the petitioner filed the restoration petition on 1 September 2025, well within the statutory limitation period prescribed for such applications. The Court examined whether the filing date satisfied the limitation requirement for restoring a dismissed appeal. Finding that the petition was timely, the Court held that the procedural default could be cured. Consequently, the application for restoration was allowed. The appeal was ordered to be restored to the Court's file.

Issues considered

  • Whether an appeal dismissed for default can be restored when the petition for restoration is filed within the statutory limitation period.

Subjects

  • restoration of appeal
  • default dismissal
  • limitation period
  • High Court procedure
  • civil appellate jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.3154 of 2025
                                                      In
                                       FIRST APPEAL No.222 of 2019
                 ======================================================
                 Mukul Raj Dubey @ Khokhan Dubey Son of Late Achyutanand Dubey
                 resident of Mohalla- Topkhana Bazar, Police Station- Kotwali, Post Office,
                 Sub Registry Office, Sub Division Office and District- Munger.


                                                                            ... ... Petitioner/s

                                                    Versus
           1.    Manjit Kumar Dubey Son of Late Achyuta Nand Dubey, resident of
                 Mohalla- Topkhana Bazar, Police Station- Kotwali, Post Office, Sub
                 Registry Office, Sub Division Office and District- Munger
           2.    Sri Pradeep Kumar Dubey @ Dilip Dubey Son of Late Achutanand Dubey
                 resident of Mohalla- Topkhana Bazar, Police Station-Kotwali, Post Office,
                 Sub Registry Office, Sub Division Office and District- Munger
           3.    Smt. Rita Rani Dubey Daughter of Late Achyutanand Dubey and Wife of Dr.
                 Kishore Kumar Dubey resident of Mohalla- Topkhana Bazar, Police Station-
                 Kotwali, Post Office, Sub Registry Office, Sub Division Office and District-
                 Munger


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Mrityunjay Kumar, Advocate
                 For the Opposite Party/s :    Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
                                       ORAL ORDER


3   18-02-2026                    This is an application for restoration of First Appeal

                   No. 222 of 2019 in Miscellaneous Appeal No. 586 of 2019.

                                2. The said appeal was dismissed for default on 21 st

                   August, 2025. The appellant/petitioner has filed the petition for

                   restoration well within the statutory period of limitation on 1 st

                   September, 2025.

                                3. Therefore, the application for restoration is

                   allowed.
           Patna High Court MJC No.3154 of 2025(3) dt.18-02-2026
                                                       2/2




                                  4. The appeal be restored to its file.



                                               (Bibek Chaudhuri, J)
Jyoti Kumari/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.