Patna High Court
Birendra SinghversusThe State of Bihar through Shri Dipak Kumar , The Chief Secretary
- Decided
- Disposal
- ALLOWED
- Bench
- KHATIM REZA
Holding
The court held that the dismissal for default may be set aside and the case restored to its original file and number.
Summary
The petitioner, Birendra Singh, filed an application on 09-01-2026 seeking restoration of Miscellaneous Jurisdiction Case No. 4355 of 2018, which had been dismissed for default on 09-09-2025 because his counsel failed to appear. The petitioner explained that the counsel was ill and could not attend, and that a substitute counsel was requested but also failed to appear. The court examined whether the reasons for non‑appearance constituted sufficient cause to set aside the default dismissal. Relying on principles of natural justice and the procedural discretion to restore dismissed suits, the court found the explanation credible. Consequently, the application for restoration was allowed, and the case was reinstated to its original file and number.
Issues considered
- Whether a case dismissed for default due to non‑appearance of counsel can be restored on the ground of counsel's health and inability to appear
Subjects
- restoration of suit
- default judgment
- procedural law
- civil procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3481 of 2025
In
Miscellaneous Jurisdiction Case No.4355 of 2018
======================================================
Birendra Singh
... ... Petitioner/s
Versus
The State of Bihar through Shri Dipak Kumar Singh , The Chief Secretary
Govt. of Bihar & Ors.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhannjay Kumar No. 2
For the Opposite Party/s : Mr. Md. Khurshid Alam, AAG 12
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 09-01-2026 This application has been filed for restoration of
M.J.C. No. 4355 of 2018 to its original file and number,
which was dismissed for default on 09.09.2025 due to non-
appearance of counsel for the petitioner on 09.09.2025.
2. Learned counsel for the petitioner submits he
did not appear before this Hon’ble Court due to his health
issue, as he was not feeling well, so he returned to his
house. He had requested another counsel to appear before
this Court on his behalf but he did not appear and the case
was dismissed for default for non-prosecution.
3. Considering the aforesaid facts and averments
as well as explanation given in restoration application filed
before this Court, the restoration application is allowed to
Patna High Court MJC No.3481 of 2025(3) dt.09-01-2026
2/2
its original file and number.
(Khatim Reza, J)
prabhat/-
U
Checking your session…