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Patna High Court

Ashok Kumar MishraversusMost Bimla Devi

Decided
Disposal
ALLOWED

Holding

The High Court allowed the Miscellaneous Jurisdiction Application and restored the dismissed civil writ case.

Summary

Ashok Kumar Mishra and Pawan Kumar Mishra filed a Miscellaneous Jurisdiction Application seeking restoration of Civil Writ Jurisdiction Case No. 14737 of 2016, which had been dismissed on 02‑09‑2024 for non‑prosecution. The petitioners explained that their counsel could not appear on the scheduled date due to unavoidable circumstances, leading to the dismissal. The court examined whether a dismissal for non‑prosecution could be set aside in the interest of justice. Finding merit in the petitioners' explanation, the court allowed the MJC and restored the civil writ case to its original file. Consequently, the dismissed case was reinstated and the petition was disposed.

Issues considered

  • Can a dismissal of a civil writ case for non‑prosecution be set aside and the case restored?
  • Whether procedural default due to counsel's absence can be condoned in the interest of justice?

Subjects

  • civil writ jurisdiction
  • restoration of dismissed case
  • non‑prosecution
  • procedural default
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.3605 of 2024
                                                        In
                                Civil Writ Jurisdiction Case No.14737 of 2016
                 ======================================================
           1.     Ashok Kumar Mishra Son of Late Devendra Nath Mishra Resident of
                  Village- Srnea, Police Station- Gogri, District- Khagaria.
           2.    Pawan Kumar Mishra Son of Late Devendra Nath Mishra Resident of
                 Village- Srnea, Police Station- Gogri, District- Khagaria.

                                                                          ... ... Petitioner/s
                                                     Versus
           1.    Most Bimla Devi Widow of late Indradeo Mishra, Resident of Village-
                 Sirnea, Police Station- Gogri, District- Khagaria.
           2.    Ajay Yadav Resident of Village- Ghoria Diara, P.S- Gogri, District-
                 Khagaria.
           3.    Nawal Yadav Resident of Village- Ghoria Diara, P.S- Gogri, District-
                 Khagaria.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr.Rajesh Sinha, Advocate
                 For the Opposite Party/s :   Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   09-02-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor, representing the State.

                                2. The present application has been filed for

                   restoration of C.W.J.C. No. 14737 of 2016, which stood

                   dismissed on 02.09.2024 due to non-prosecution.

                                3. Learned counsel for the petitioner submits that the

                   learned counsel could not appear in the Court for hearing on

                   02.09.2024 due to unavoidable circumstances and consequently

                   C.W.J.C. No. 14737 of 2016 was dismissed on 02.09.2024 due
           Patna High Court MJC No.3605 of 2024(3) dt.09-02-2026
                                                       2/2




                     to non-prosecution.

                                  4. For the reasons stated in this application and in the

                     interest of justice, the present M.J.C. is allowed and, as a result,

                     C.W.J.C. No. 14737 of 2016 is restored to its original file.



                                           (Rudra Prakash Mishra, J)
manish/-

U


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