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Patna High Court

Birendra KumarversusSaiyad Monajir Ali

Decided
Disposal
DISPOSED

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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