Patna High Court

Shivkant SinghversusThe State of Bihar through Collector,

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

Holding

The restoration application is allowed, and the first appeal is restored to its original file.

Summary

Shivkant Singh filed an application before the Patna High Court seeking restoration of First Appeal No. 173 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 to revive the appeal. After hearing both sides, the Court examined the petition and found that the petitioner had made out a case for restoration. Consequently, the Court allowed the restoration application and ordered that the appeal be restored to its original file. The order effectively reinstates the appeal for further adjudication.

Issues considered

Whether a first appeal dismissed for default can be restored upon filing a restoration application.

Subjects

restoration of appeal
default dismissal
procedural law
civil procedure
High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.3503 of 2025
                                                     In
                                      FIRST APPEAL No.173 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 at Biharsharif.
           3.    The Executive Engineer, 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. Uday Shankar Sharan Singh, 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. 173 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.3503 of 2025(3) dt.16-01-2026
                                                       2/2




                                  5. First Appeal no. 173 of 2018 is restored to its

                     original file.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U

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