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Patna High Court

Jameela KhatunversusBrajesh Malhotra,The state of Bihar through the Principal Secretary Revenue and Land Reforms

Decided
Disposal
DISPOSED

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
                 ======================================================
                 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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