Patna High Court

Namita KumariversusRakesh Kumar

Decided: 4 February 2026
Disposal: ALLOWED
Bench: BIBEK CHAUDHURI ANSUL

Holding

The application for restoration of the appeal is allowed as it was filed within the limitation period.

Summary

The petitioner filed an application seeking restoration of an appeal that had been dismissed for default on 08-10-2025. The application was submitted on 15-10-2025, which is within the limitation period prescribed by law. The court examined whether the timely filing justified reinstating the appeal. It held that because the application was filed within the statutory period, the appeal should be restored to its original file. The court also directed the appellant to file a Section 5 application under the Limitation Act within two weeks, failing which the matter would proceed on its own.

Issues considered

Whether an appeal dismissed for default can be restored when the application for restoration is filed within the limitation period?

Legislation cited

Limitation Act — s. 5

Subjects

restoration of appeal
default dismissal
limitation period
Section 5 application
High Court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.3637 of 2025
                                                      In
                                     Miscellaneous Appeal No.347 of 2025
                  ======================================================
                  Namita Kumari daughter of Kamleshwar Paswan, Wife of Rakesh Kumar,
                  resident of Mohalla- Anawarpur Purvi, P.S.- Town Hajipur, District- Vaishali.
                                                                                 ... ... Petitioner/s
                                                    Versus
                  Rakesh Kumar Son of Late Rajbanshi Chaudhari, resident of mohalla-
                  Anwarpur Purvi, P.S.- Town Hajipur, District- Vaishali.
                                                                          ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Rajeev Ranjan, Advocate
                  For the Opposite Party/s :       Mr.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
                                             and
                          HONOURABLE MR. JUSTICE ANSUL
                                        ORAL ORDER
                  (Per: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI)

3    04-02-2026                  This is an application for restoration of the instant

                    appeal, which was dismissed for default on 08.10.2025.

                                 2. The application for restoration was filed well

                    within the period of limitation on 15.10.2025.

                                 3. In view of such circumstances, the application is

                    allowed. The appeal be restored to its original file.

                                 4. The appellant is granted two weeks’ time for filing

                    the application under Section 5 of the Limitation Act, failing

                    which law will take its own course.



                                               (Bibek Chaudhuri, J)


                                                     ( Ansul, J)
mdrashid/-

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