Patna High Court
Babita KumariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ANIL KUMAR SINHA
Holding
The High Court may restore a dismissed civil writ case if it grants the petitioner a fresh reasonable period to cure the procedural defects.
Summary
The petitioner, Babita Kumari, filed an application seeking restoration of Civil Writ Jurisdiction Case No. 11126 of 2025, which had been dismissed for failure to comply with a peremptory order dated 14 July 2025. The peremptory order had given the petitioner two weeks to rectify defects pointed out by the Election Office, but the defects were not remedied within that period. The petitioner argued that the dismissal was premature and requested the High Court to allow a further opportunity to cure the deficiencies. Justice Anil Kumar Sinha considered whether the court has the discretion to reinstate a dismissed case on procedural grounds. The court held that it could restore the case, subject to the petitioner removing the defects within a fresh two‑week period. Consequently, the application was allowed and the connected case was restored to its original file pending compliance.
Issues considered
- Whether a civil writ jurisdiction case dismissed for non‑compliance with a peremptory order can be restored by the High Court.
- Whether the petitioner is entitled to a further opportunity to rectify procedural defects after dismissal.
Subjects
- civil procedure
- restoration of dismissed suit
- peremptory order
- high court jurisdiction
- election law
- procedural defect
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3879 of 2025
In
Civil Writ Jurisdiction Case No.11126 of 2025
======================================================
Babita Kumari W/o- Sri Narendra Kumar Navin, R/o- Village- Korre, Post-
Ghoshi, P.S.- Ghoshi, Dist.- Jehanabad- 804406, Adhar- 480570823977, Mob-
8987122085.
... ... Petitioner/s
Versus
1. The State of Bihar The Election Commissioner, Bihar, Patna.
2. The State Election Commission through the Election Commissioner, Bihar,
Patna.
3. The Collector cum District Election Officer, Jehanabad.
4. The Election Officer cum Block Development Officer, Ghoshi Block,
Jehanabad.
5. The Assistant Election Officer, Gram Panchayat- Kurre, Post- Kurre, P.S.-
ghoshi, Dist- Jehanabad.
6. Asha Devi, W/o Lalan Saw, Gram Panchayat- Kurre, Post- Kurre, P.S.-
Ghoshi, Dist- Jehanabad (Elected candidate- Mukhiya).
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Jha
For the Opposite Party/s : Mr.Standing Counsel 16
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 09-01-2026 1. Heard the parties.
2. The present application has been filed for
restoration of CWJC No. 11126 of 2025, which got dismissed
due to non compliance of peremptory order dated 14.07.2025.
3. Learned counsel for the petitioner submits that by
order dated 14.07.2025 two weeks peremptory time was granted
to remove the defects as pointed out by the Office but the same
could not be removed within stipulated time.
Patna High Court MJC No.3879 of 2025(3) dt.09-01-2026
2/2
4. For the reasons stated in this application, the same
is allowed and the connected case bearing CWJC No. 11126 of
2025 is restored to its original file subject to removal of defects
within two weeks from today.
(Anil Kumar Sinha, J)
praful/-
U
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