Patna High Court

Upendra Prasad YadavversusThe State of Bihar

Decided: 16 January 2026
Disposal: DISMISSED
Bench: ANIL KUMAR SINHA

Holding

The court held that the civil miscellaneous case may be restored to the file despite its earlier dismissal for non‑prosecution.

Summary

Petitioners Upendra Prasad Yadav and his wife filed an application before the Patna High Court seeking restoration of Civil Miscellaneous Case No. 1121 of 2018, which had been dismissed on 25 August 2022 for non‑prosecution. The respondents, the State of Bihar and other officials, opposed the restoration. The court examined whether a case dismissed for non‑prosecution could be revived upon a fresh application. No substantive factual or legal objections were raised against the petitioners' request. Relying on the principles of procedural fairness, the court allowed the application and ordered that the case be restored to its original file. The order thereby reinstated the proceedings pending before the court.

Issues considered

Whether a civil miscellaneous case dismissed for non‑prosecution can be restored upon a fresh application?

Subjects

restoration of suit
civil procedure
non‑prosecution
miscellaneous jurisdiction
high court

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.4035 of 2025
                                                      In
                          CIVIL MISCELLANEOUS JURISDICTION No.1121 of 2018
                   ======================================================
             1.     Upendra Prasad Yadav Son of Late Yamuna Prasad Yadav, resident of ward
                    no 2, Madhepura, PS Madhepura, District Madhepura.
             2.    Mridula Devi, Wife of Upendra Prasad Yadav, resident of ward no 2,
                   Madhepura, PS Madhepura, District Madhepura.
                                                                       ... ... Petitioner/s
                                                     Versus
             1.    The State of Bihar through Collector, Madhepura.
             2.    The Anchaladhikari, Madhepura, PS Madhepura, District Madhepura.
             3.    Nageshwar Yadav, Son of Late Udia Narayan Yadav, resident of Village
                   Hasanpur, PS Madhepura, District Madhepura.
             4.     Rajeshwar Yadav, Son of Late Udit Narayan Yadav, resident of Ward no 2,
                    Madhepura, PS Madhepur4a, District Madhepura.
                                                                      ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :       Mr.Uday Chand Prasad
                   For the Opposite Party/s :       Mr.Standing Counsel 25
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                         ORAL ORDER

3     16-01-2026         1. Heard the parties.

                         2. The present application has been filed for restoration of

                     Civil Misc. No. 1121 of 2018, which got dismissed due to non

                     prosecution vide order dated 25.08.2022.

                         3. For the reasons stated in this application, the same is

                     allowed and the connected case bearing Civil Misc. No. 1121 of

                     2018 is restored to its original file.



                                                (Anil Kumar Sinha, J)
praful/-
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