Patna High Court

Nathuni PaswanversusSatya Narayan Paswan

Decided: 13 February 2026
Disposal: ALLOWED
Bench: ARUN KUMAR JHA

Holding

A dismissal for non‑prosecution may be set aside and the case restored if the court is satisfied with the petitioner's reasons for the omission.

Summary

The petitioners, Nathuni Paswan and Shambhu Paswan, filed a petition before the Patna High Court seeking restoration of Civil Miscellaneous Case No.1310 of 2018, which had been dismissed for non‑prosecution on 9 January 2025. They explained that the dismissal resulted from an inadvertent omission on their part and submitted reasons justifying reinstatement of the proceedings. The learned counsel for the petitioners, Mr. Rajeev Ranjan, argued that the reasons provided satisfied the requirements for setting aside a dismissal for non‑prosecution. Justice Arun Kumar Jha examined the petition and was satisfied with the explanations offered by the petitioners. Consequently, the court allowed the petition and ordered that the dismissed case be restored to its original file for further adjudication.

Issues considered

Whether a civil case dismissed for non‑prosecution can be restored upon the petitioner's explanation of omission

Subjects

civil procedure
restoration of dismissed suit
non‑prosecution
high court order

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Miscellaneous Jurisdiction Case No.3452 of 2025
                                                       In
                         CIVIL MISCELLANEOUS JURISDICTION No.1310 of 2018
                    ======================================================
               1.    Nathuni Paswan Son of Late Tej Narayan Paswan, Resident of Village and
                     PO Kadamwa, PS Ghorasahan, District East Champaran (Bihar).
               2.   Shambhu Paswan, Son of Late Achey Lal Paswan, Resident of Village and
                    PO Kadamwa, PS Ghorasahan, District East Champaran (Bihar).

                                                                                 ... ... Petitioner/s
                                                    Versus
                    Satya Narayan Paswan Son of Late Basant Paswan, Resident of Village and
                    PO Kadamwa, PS Ghorasahan, District East Champaran (Bihar).

                                                           ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :      Mr.Rajeev Ranjan, Advocate
                    For the Opposite Party/s :      Mr.Rohit Ranjan, Advocate
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                          ORAL ORDER

4    13-02-2026                      Heard learned counsel for the petitioners.

                                  2. This petition has been filed for restoration of Civil

                      Misc. Case No.1310 of 2018, which stood dismissed for non-

                      prosecution on 09.01.2025.

                                   3. On being satisfied with the reasons mentioned in

                      this petition explaining omission on part of the petitioners, the

                      same is allowed and Civil Misc. Case No.1310 of 2018 is

                      restored to its original file.



                                                 (Arun Kumar Jha, J)
V.K.Pandey/-

U      T

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