Patna High Court
Lal Babu RayversusThe State Of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- RAJIV ROY
Holding
A petition dismissed on merit cannot be restored; the restoration application is dismissed.
Summary
Lal Babu Ray filed MJC No. 3567 of 2018 seeking restoration of his earlier petition (MJC No. 435 of 2012) which had been dismissed on merit by the Patna High Court on 4 September 2013. The earlier dismissal was based on lack of merit, and the order expressly stated that the petition was dismissed. The petitioner argued for restoration, but the Court observed that a case dismissed on merit cannot be restored merely by a fresh application. Consequently, the Court held that there was no question of restoration and dismissed the present application. The petition was therefore dismissed.
Issues considered
- Can a petition that has been dismissed on merit be restored through a subsequent application?
Subjects
- restoration of petition
- dismissal on merit
- high court procedure
- miscellaneous jurisdiction
- patna high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3567 of 2018
In
Miscellaneous Jurisdiction Case No.435 of 2012
======================================================
Lal Babu Ray Son of Sri Kapildeo Rai @ Kapil Rai, resident of Village and
P.O.- Nayaganj, 28 Tola, P.S.- Desri, District- Vaishali.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Commissioner-cum-Secretary, the Human
Resources Department, Bailey Road, Patna, Bihar.
2. The District Magistrate, Vaishali at Hazipur.
3. The District Education Office Vaishali at Hazipur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Moleshwar, Adv.
For the Opposite Party/s : Mr. Priyadarshi Matri Sharan, AC to AAG-15
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 26-03-2026 Heard the parties.
2. The present application has been preferred:
for restoration of MJC No. 435 of
2012 which has been dismissed by order
dated 04.09.2013 passed by Hon’ble Justice
Jayanandan Singh as his lordship then was.
3. On 04.09.2013, MJC No. 435 of 2012 was
dismissed on merit and the last line of the order dated
04.09.2013 is incorporated hereinbelow:
This Court does not find any merit in the
restoration application and the same is dismissed.
4. In that background, the present MJC No. 3567 of
2018 filed for restoration of the petition is ill-conceived/ ill-
Patna High Court MJC No.3567 of 2018(2) dt.26-03-2026
2/2
advised. There is no question of restoration when the case has
been dismissed on merit.
5. Accordingly, MJC No. 3567 of 2018 is dismissed.
(Rajiv Roy, J)
Vijay Singh/-
U
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