Patna High Court

Aditya MishraversusThe Union of India

Decided: 11 March 2026
Disposal: ALLOWED
Bench: ANIL KUMAR SINHA

Holding

A civil writ jurisdiction case dismissed for default may be restored upon a proper application showing sufficient cause.

Summary

Petitioner Aditya Mishra filed an application before the Patna High Court seeking restoration of Civil Writ Jurisdiction Case No. 3977 of 2025, which had been dismissed for default on 22 April 2025. The primary issue was whether the court could revive a writ petition that was dismissed for failure to appear or comply with procedural requirements. The petitioner argued that the default was inadvertent and that the merits of the original writ deserved consideration. The court examined the procedural rules governing restoration of dismissed writ petitions and found the petitioner’s reasons sufficient. Consequently, the court allowed the application and restored the writ petition to its original file for further hearing.

Issues considered

Whether a civil writ jurisdiction case dismissed for default may be restored on an application?

Subjects

civil writ jurisdiction
restoration of suit
default dismissal
high court
procedural law

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Miscellaneous Jurisdiction Case No.3589 of 2025
                                                           In
                                  Civil Writ Jurisdiction Case No.3977 of 2025
                  ======================================================
                  Aditya Mishra son of Sri Sunil Kumar Mishra Alias Sunil Mishra, permanent
                  resident of Village - Sisirit, P.S.- Nokha, District Rohtas, at present resident of
                  Flat No.- 402, Pankaj Vihar Residency, Ram Nagari Sector-III, Ashiana
                  Nagar, P.S. - Rajeev Nagar, District - Patna.
                                                                                   ... ... Petitioner/s
                                                         Versus
            1.     The Union of India through the Secretary, Ministry of Education,
                   Government of India, New Delhi.
            2.    The Secretary, Ministry of Education, Government of India, New Delhi.
            3.    The Chief Executive and Secretary, Council for the Indian School Certificate
                  Examination, New Delhi.
            4.    The State of Bihar through Additional Chief Secretary, Government of
                  Bihar, Patna.
            5.    The Additional Chief Secretary, Government of Bihar, Patna.
            6.    The District Education Officer, Patna.
            7.     The Principal Don Bosco Academy, P.O.- Digha Ghat, Patna.
                                                                      ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Manish Kumar No 13, Advocate
                  For the Union of India   :       Mr. Akshay Bahadur Mathur, SC-5
                  For the State            :       Mr. Kumar Pankaj, AC to SC-5
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                        ORAL ORDER

3    11-03-2026                  This application has been filed for restoration of C.W.J.C.

                    No. 3977 of 2025, which got dismissed for default, vide order, dated

                    22.04.2025 .

                                 2. For the reasons stated in this application, the same is

                    allowed and the connected case, bearing C.W.J.C. No. 3977 of 2025

                    is restored to its original file.



                                               (Anil Kumar Sinha, J)
Siwani/-

U

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