Patna High Court

Duni Lal YadavversusThe State of Bihar

Decided: 13 February 2026
Disposal: ALLOWED
Bench: ARUN KUMAR JHA

Holding

A dismissed civil miscellaneous case may be restored upon satisfactory explanation for the omission.

Summary

The petitioners, four brothers, filed a petition seeking restoration of Civil Miscellaneous Case No.1958 of 2017, which had been dismissed for non‑prosecution on 4 August 2025. They explained that the dismissal resulted from an inadvertent omission on their part. The learned counsel for the petitioners argued that the reasons provided were sufficient to justify reinstating the case. Justice Arun Kumar Jha, after hearing the petition, was satisfied with the explanations and ordered that the dismissed case be restored to its original file. Consequently, the civil proceedings may now continue.

Issues considered

Whether a civil miscellaneous case dismissed for non‑prosecution can be restored on the basis of the petitioner's explanation for the omission?

Subjects

restoration of suit
dismissal for non‑prosecution
civil miscellaneous jurisdiction
procedural law
court order

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Miscellaneous Jurisdiction Case No.392 of 2026
                                                       In
                          CIVIL MISCELLANEOUS JURISDICTION No.1958 of 2017
                    ======================================================
               1.    Duni Lal Yadav Son of Late Bahuri Mandal, Resident of Village Maura, PS
                     Shankarpur, District Madhepura.
               2.   Shyam Sundar Yadav, Son of Late Bahuri Mandal, Resident of Village
                    Maura, PS Shankarpur, District Madhepura.
               3.   Yogendra Uadav, Son of Late Bahuri Mandal, Resident of Village Maura, PS
                    Shankarpur, District Madhepura.
               4.   Gunni Lal Yadav, Son of Late Bahuri Mandal, Resident of Village Maura,
                    PS Shankarpur, District Madhepura.
                                                                          ... ... Petitioner/s
                                                      Versus
               1.   The State of Bihar through Collector, Madhepura.
               2.    The Circle Officer, Circle Office, Shajkarpur, PS Shankarpur, District
                     Madhepura.
                                                                      ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :      Mr.Uday Chand Prasad, Advocate
                    For the Opposite Party/s :      Mr.Standing Counsel 25
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                          ORAL ORDER

2    13-02-2026                      Heard learned counsel for the petitioners.

                                  2. This petition has been filed for restoration of Civil

                      Misc. Case No.1958 of 2017, which stood dismissed for non-

                      prosecution on 04.08.2025.

                                   3. On being satisfied with the reasons mentioned in

                      this petition explaining omission on part of the petitioners, the

                      same is allowed and Civil Misc. Case No.1958 of 2017 is

                      restored to its original file.



                                                 (Arun Kumar Jha, J)
V.K.Pandey/-

U      T

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