Patna High Court
Ashok Kumar MishraversusMost Bimla Devi
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
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/-
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