Patna High Court
Jameela KhatunversusBrajesh Malhotra,The state of Bihar through the Principal Secretary Revenue and Land Reforms
- Decided
- Disposal
- DISPOSED
- Bench
- MOHIT KUMAR SHAH
Holding
The court ordered the restoration of the dismissed petition, subject to removal of the defects within four weeks.
Summary
The petitioner, Jameela Khatun, filed a petition seeking restoration of an earlier petition (MJC No. 1861 of 2024) that had been dismissed for default due to non‑compliance with a peremptory order dated 20‑12‑2024. The petitioner contended that the default arose from a mistake by the counsel’s office, which prevented timely rectification of the defects. The learned counsel requested a sympathetic view and asked the court to restore the dismissed petition, undertaking to cure the defects within four weeks. The court, after considering the circumstances and the petitioner's submission, exercised its discretion to restore the petition to its original file, subject to the petitioner removing the identified defects within the stipulated four‑week period. The petition was consequently disposed on the terms of restoration and conditional compliance.
Issues considered
- Whether a petition dismissed for default can be restored on the ground of counsel's mistake
- Whether the court may conditionally restore a petition subject to a time‑bound compliance with procedural defects
Subjects
- restoration of petition
- default dismissal
- peremptory order
- court discretion
- procedural defects
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3254 of 2025
In
Miscellaneous Jurisdiction Case No.1861 of 2024
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Jameela Khatun Wife of Md Kaium, Resident of Village- Chhabilapur, Ward
No.- 02, P.O.- Govindpur, P.S.- Mansoorchak, District- Begusarai.
... ... Petitioner/s
Versus
1. Brajesh Malhotra, The state of Bihar through the Principal Secretary
Revenue and Land Reforms Govt. of Bihar, Patna.
2. Raushan Kushwaha, the District Magistrate Begusarai, District- Begusarai.
3. Rakesh Kumar, the Sub-Divisional Officer, Teghra, District- Begusarai.
4. Sujeet Kumar Sudhan, the Circle Officer Mansoorchak, Police Station,
District- Begusarai.
5. Rohit Kumar Gupta, the S.H.O. of Mansoorchak Police Station, District-
Begusarai.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Braj Bhushan Poddar, Advocate
For the Opposite Party/s : Additional Advocate General-12
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
3 06-02-2026 Heard the learned counsel for the petitioner
and the learned counsel for the opposite parties.
2. The present petition has been filed for
restoration of a petition bearing MJC No. 1861 of
2024, which has stood dismissed for default on
account of non-compliance of the peremptory
order dated 20.12.2024.
3. The learned counsel for the petitioner
submits that on account of the mistake on the part
Patna High Court MJC No.3254 of 2025(3) dt.06-02-2026
2/2
of the office of the counsel for the petitioner, the
defects could not be removed within the time limit
stipulated by this Court, however it is undertaken
to remove the defects within a period of four
weeks from today, thus it is submitted that a
sympathetic view be taken and the aforesaid
petition be restored to its original file.
4. Having regard to the facts and circumstances
of the case, considering the submissions made by
the learned counsel for the petitioner as also
considering the averments made in the present
petition, I deem it fit and appropriate to direct for
restoration of the aforesaid petition bearing MJC
No. 1861 of 2024 to its original file, subject to
removal of the defects pointed out by registry,
within a period of four weeks from today.
5. The present petition stands disposed off on
the aforesaid terms.
(Mohit Kumar Shah, J)
S.Sb/-
U
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