Patna High Court

Shivkant SinghversusThe State of Bihar through Collector,

Decided: 16 January 2026
Disposal: ALLOWED
Bench: PARTHA SARTHY

Holding

The High Court allowed the restoration application and restored First Appeal No. 174 of 2018 to its original file.

Summary

Shivkant Singh filed an application before the Patna High Court seeking restoration of First Appeal No. 174 of 2018, which had been dismissed for default on 19 July 2022 for non‑compliance with a peremptory order dated 28 June 2022. The petitioner argued that sufficient cause existed for the default and that the appeal should be reinstated. The respondents, the State of Bihar and its officials, opposed the restoration. After hearing both sides, the Court found that the petitioner had made out a case for restoration. Consequently, the Court allowed the restoration application and ordered that the first appeal be restored to its original file.

Issues considered

What is the appropriate jurisdiction and discretion of the High Court to restore an appeal dismissed for default?
Whether the petitioner has shown sufficient cause to justify restoration of the appeal despite non‑compliance with the peremptory order.

Subjects

restoration of appeal
default dismissal
peremptory order
civil procedure
High Court jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.3502 of 2025
                                                     In
                                      FIRST APPEAL No.174 of 2018
                 ======================================================
                 Shivkant Singh son of Late Balram Singh, resident of village-Silao, Ward No.
                 2 under Silao Nagar Panchayat, Post office-Silao, Police station-Silao,
                 District-Nalanda (Bihar)

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through Collector, Nalanda.
           2.    The District Land Acquisition Officer cum Land Acquisition Officer,
                 Nalanda.
           3.    The Executive Engineer, Public Road Construction Department, Nalanda at
                 Bihar Sharif.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Aklavya Chandan Kumar, Advocate
                 For the Opposite Party/s :    Mr. Swapnil Kumar Singh, AC to GP- 19
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   16-01-2026                  Heard learned counsel for the petitioner and learned

                   counsel for the respondents.

                                2. The instant application has been filed praying for

                   restoration of First Appeal no. 174 of 2018 which stood

                   dismissed for default on 19.7.2022 for non-compliance of the

                   peremptory order dated 28.6.2022.

                                3. Having heard learned counsel for the parties and

                   having perused the contents of the petition, the Court is satisfied

                   that the petitioner has made out a case for restoration.

                                4. The restoration application is allowed.
           Patna High Court MJC No.3502 of 2025(3) dt.16-01-2026
                                                       2/2




                                  5. First Appeal no. 174 of 2018 is restored to its

                     original file.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U

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