Patna High Court
Ramesh BhagatversusThe State of Bihar (Estate of deceased Shiv Pujan Bhagat) through its Principal Secretary
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The appeal dismissed for default may be restored upon payment of Rs. 500 to the Bihar State Legal Services Authority.
Summary
The petitioners, Ramesh Bhagat, Umesh Bhagat and Ramji Bhagat, filed a miscellaneous appeal seeking restoration of M.A. No. 6 of 2025, which had been dismissed for default because they failed to comply with an order dated 08‑09‑2025. The High Court examined whether the default dismissal could be set aside upon satisfaction of the statutory requirement of payment. The court found that the petitioners had provided sufficient reasons for the non‑compliance and that the payment of a nominal fee would cure the defect. Consequently, the court ordered that the appeal be restored, subject to the payment of Rs. 500 to the Bihar State Legal Services Authority. The restored appeal was then placed back in its original file for further hearing.
Issues considered
- Whether a dismissal for default can be set aside and the appeal restored upon payment of the prescribed fee
- Whether the petitioners complied with the earlier court order dated 08‑09‑2025
Subjects
- restoration of appeal
- default dismissal
- court order compliance
- legal services authority fee
- civil procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3739 of 2025
In
Miscellaneous Appeal No.6 of 2025
======================================================
1. Ramesh Bhagat Son of Nakul Bhagat, Resident of Village Chauriya P.S
Fesar P.O Chauriya, District Aurangabad.
2. Umesh Bhagat, Nakul Bhagat, Resident of Village Chauriya P.S Fesar P.O
Chauriya, District Aurangabad.
3. Ramji Bhagat, Son of Nakul Bhagat, Resident of Village Chauriya P.S Fesar
P.O Chauriya, District Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar (Estate of deceased Shiv Pujan Bhagat) through its
Principal Secretary Revenue Department, Govt. of Bihar, Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bindeshwar Prasad Singh, Adv.
For the Opposite Party/s : Mr. Additional Advocate General 12
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 09-01-2026 Heard the parties.
2. The present application has been preferred for
restoration of M.A. No. 6 of 2025 which stood dismissed for default
due to non-compliance of the order dated 08.09.2025 passed by this
Court.
3. For the reasons assigned in Paragraph nos. 4 and 5 of
the petition, the MJC No. 3739 fo 2025 is allowed subject to payment
of Rs. 500/- to Bihar State Legal Services Authority.
4. Accordingly, the M.A. No. 6 of 2025 is restored to its
original file.
(Rajiv Roy, J)
Vijay Singh/-
U
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