Patna High Court

Ganesh SinghversusAnand Kumar Singh

Decided: 13 February 2026
Disposal: ALLOWED
Bench: KHATIM REZA

Holding

The court allowed the application and restored Interlocutory Application No.02 of 2019 to its original file and number.

Summary

The petitioner, Ganesh Singh, filed an application seeking restoration of Interlocutory Application No.02 of 2019 in Second Appeal No.176 of 2005, which had been dismissed for failure to comply with an order dated 05-08-2025. The dismissed IA pertained to the substitution of heirs of deceased respondents No.18 and 19. The petitioner argued that the grounds for restoration were satisfied, and the court examined whether procedural non‑compliance could be cured. Justice Khatim Reza considered the merits of the restoration request and the relevance of the earlier order. Finding the petitioner’s grounds sufficient, the court restored the IA to its original file and number. Consequently, the application was allowed.

Issues considered

Whether Interlocutory Application No.02 of 2019 dismissed for non‑compliance can be restored
Whether the substitution of heirs of deceased respondents can proceed after restoration

Subjects

restoration of interlocutory application
substitution of heirs
procedural compliance
second appeal
high court order

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Miscellaneous Jurisdiction Case No.3957 of 2025
                                         In
                         SECOND APPEAL No.176 of 2005
     ======================================================
     Ganesh Singh, Male, aged about 77 years, son of Late Bindeshwar Singh,
     resident of Mohalla- Sheikhapur, Akharaghat, District- Muzaffarpur.
                                                                ... ... Petitioner/s

                                         Versus

1.   Anand Kumar Singh,
2.   Suresh Kumar Singh, both sons of Ramadhar Pd. Singh,
3.   Smt. Giraja Devi, w/o Late Bharat Pd. Singh,
4.   Arvind Kumar Singh, son of Late Bharat Pd. Singh,
5.   Chandan Kumar Singh, S/o Late Bharat Pd. Singh,
     All resident of the Village of Tajpur Nagirpur @ Gorahia, P.S.- Madhuwan,
     District- East Champaran.
6.   Smt. Prem Kumari Devi, W/o Mohan Singh,
7.   Smt. Sangeeta Devi, W/o Santosh Kumar,
8.   Smt. Nitu Devi, W/o Satish Singh,
     Respondent nos. 6 to 8 are resident of Village- Mokhalishpur, P.S.- Banjaria,
     District- East Champaran.
9.   Smt. Krishna Devi, W/o Upendra Singh,
10. Smt. Urmila Devi, W/o Yogendra Singh,
11. Most. Sona Devi, W/o Late Dharmanath Singh,
12. Suman Singh,
13. Raman Singh, both sons of Late Dharmanath Singh,
14. Nutan Kumari, d/o- Late Dharmanath Singh,
15. Kanchan Kumari, d/o Late Dharmanath Singh, represented through her
    mother Most. Sona Devi,
16. Sanjay Kumar Singh, son of Late Nazir Singh,
17. Rakesh Kumar Singh, son of Late Nazir Singh,
    Respondent nos. 9 to 17 are resident of Mohalla- Sheikhapur, Akharaghat,
    District- Muzaffarpur.
18. Rita Devi Kumari, d/o- Late Nazir Singh, w/o- Pramod Kumar Singh,
    residing at Chiraiya, P.O- Chiraiya, P.S.- Gaighat, District- Muzaffarpur.
19. Ram Rakhi Devi, w/o Nand Kishore Singh, resident of Village- Sheikhpur,
     Akharaghat, P.O. and P.S.- Ahiyapur, District- Muzaffarpur.
                                                           ... ... Opposite Party/s
    ======================================================
     Appearance :
     For the Petitioner/s     :     Mr. Rajiv Nayan Singh, Advocate
     For the Opposite Party/s :     Mr. Jitendra Prasad Singh, Advocate
            Patna High Court MJC No.3957 of 2025(3) dt.13-02-2026
                                                        2/2




                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                         ORAL ORDER

3    13-02-2026                    Heard learned counsel for the petitioner.

                                   2. This application has been filed for restoration of

                      I.A. No.02 of 2019 in Second Appeal No.176 of 2005, which

                      stood dismissed for non-compliance of the order dated

                      05.08.2025.

                                   3. It appears that I. A. No.02 of 2019 was filed for

                      substitution of the heirs of the deceased respondent nos.18 and

                      19, which stood dismissed for non-compliance of the order

                      dated 05.08.2025 passed in Second Appeal No.176 of 2005.

                                   4. Having regard to the grounds mentioned in the

                      application, same is allowed and I.A. No.02 of 2019 in respect

                      of substitution of the heirs of the deceased respondent nos.18

                      and 19 is restored to its original file and number.

                                   5. The application stands allowed.


                                                                    (Khatim Reza, J)
J. Alam/-

U

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