Patna High Court
Mukul Raj Dubey @ Khokhan DubeyversusManjit Kumar Dubey
- Decided
- Disposal
- ALLOWED
- Bench
- BIBEK CHAUDHURI
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
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