Patna High Court
Birendra KumarversusSaiyad Monajir Ali
- Decided
- Disposal
- DISPOSED
- Bench
- KHATIM REZA
Holding
The second appeal is restored to its original file and number, subject to removal of the defects within two weeks.
Summary
The petitioners filed an application seeking restoration of Second Appeal No.405 of 2018, which had been dismissed for failure to comply with a peremptory order dated 07-04-2025. The High Court examined the circumstances and the petitioners' averments regarding the defect. It held that the appeal could be reinstated provided the identified defects were rectified. The court ordered that the appeal be restored to its original file and number, subject to removal of the defects within two weeks as pointed out by the Stamp Reporter. It further directed that if the defects are not remedied, the matter will be placed before the bench after the stipulated period. Consequently, the application was allowed with the stipulated condition.
Issues considered
- Whether a second appeal dismissed for non‑compliance with a peremptory order can be restored upon filing an application
- Whether the court can condition restoration on the removal of procedural defects within a specified time
Subjects
- restoration of appeal
- peremptory order
- procedural compliance
- high court
- second appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3533 of 2025
In
SECOND APPEAL No.405 of 2018
======================================================
1. Birendra Kumar,
2. Kumar Upnishad, both son of Late Baldeo Yadv, resident of Mohalla- Indai,
P.S.- Sheikhpura, District- Sheikhpura.
3. Chinta Devi, wife of Sri Doman Gope, resident of Village- Arari, P.S.-
Ariyari, District- Sheikhpura.
4. Sheela Devi, wife of Brij Nandan Yadav, resident of Village Maina Chatar,
P.S. Chandradeep, District-Jamui.
... ... Petitioner/s
Versus
1. Saiyad Monajir Ali, son of Late Majahirul Haque, resident of Village-
Jamuwada, P.S. Sheikhpura, District Sheikhpura.
2. Saiyad Anwar Saleh, son of Saiyad Abu Saleh, resident of Village- Aksari,
P.S. Sheikhpura, District Sheikhpura.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashikant, Advocate
For the Opposite Party/s :
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
4 06-02-2026 Heard learned counsel for the petitioners.
2. This application has been filed for restoration of
Second Appeal No.405 of 2018, which was dismissed for non-
compliance of the peremptory order dated 07.04.2025.
3. Having regard to the facts and circumstances of the
case and the averments made in the application, same is allowed
and Second Appeal No.405 of 2018 is restored to its original file
and number subject to removal of the defects as pointed out by
the Stamp Reporter in the aforesaid Second Appeal within a
Patna High Court MJC No.3533 of 2025(4) dt.06-02-2026
2/2
period of two weeks.
4. The office shall place the matter before the Bench
after two weeks if the defects in the Second Appeal No.405 of
2018 are not removed by the learned counsel within the
stipulated time.
5. The application stands allowed subject to aforesaid
direction.
(Khatim Reza, J)
J. Alam/-
U
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