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Patna High Court

Saryug SahversusMost. Rasmain Devi,

Decided
Disposal
ALLOWED

Holding

The court held that the dismissed case may be restored when the petitioner furnishes satisfactory reasons for the delay.

Summary

The petitioner, Saryug Sah, filed an application before the Patna High Court seeking restoration of Civil Miscellaneous No. 754 of 2022, which had been dismissed on 02‑02‑2026 for want of prosecution. The respondents, a group of heirs and relatives, opposed the restoration. The court examined the affidavit and the reasons furnished by the petitioner for the delay in prosecuting the case. Finding that the petitioner had provided satisfactory justification, the court allowed the application. Consequently, the dismissed case was restored to its original file for further proceedings.

Issues considered

  • Whether the Civil Miscellaneous case dismissed for want of prosecution can be restored on the basis of the petitioner's affidavit and reasons.

Subjects

  • restoration of suit
  • want of prosecution
  • civil miscellaneous jurisdiction
  • high court order
  • affidavit

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.405 of 2026
                                                      In
                       CIVIL MISCELLANEOUS JURISDICTION No.754 of 2022
                 ======================================================
                 Saryug Sah Son of Late Rameshwar Sah, Unit Secretary, Anand Marg
                 Propagation Organization, District - Madhepura, Resident of House no. 286,
                 Ward no. 4, Purani Bazar, Madhepura.

                                                                           ... ... Petitioner/s
                                                  Versus
           1.    Most. Rasmain Devi, wife of Late Rajendra Yadav, resident of Village
                 Sahugarh Tola, Govindpur/ Pathraha, P.S. and District-Madhepura.
           2.    Santosh Kumar, son of late Rajendra Yadav, legal heir of late Rajendra
                 Yadav, resident of Village Sahugarh Tola, Govindpur/Pathraha, P.S. and
                 District-Madhepura.
           3.    Pramod Kumar, son of late Rajendra Yadav, legal heir of Balate Rajendra
                 Yadav, resident of Village Sahugarh Tola, Govindpur/Pathraha, P.S. and
                 District-Madhepura.
           4.    Manikant Kumar, son of late Rajendra Yadav, legal heir of late Rajendra
                 Yadav, resident of Village Sahugarh Tola, Govindpur/Pathraha, P.S. and
                 District-Madhepura.
           5.    Guruchand Prakash, son of Late Ramesh Chandra Patel, Legal heir of Late
                 Kamayani Devi, resident of Village and P.O. Pertha, P.S. Ekang Sarai,
                 District-Nalanda.
           6.    Partiva Kumari, daughter of Late Ramesh Chandra Patel, Legal heir of Late
                 Kamayani Devi, resident of Village and P.O. Pertha, P.S. Ekang Sarai,
                 District-Nalanda.
           7.    Prabhat Kumar Deo, son of Deo Narayan Prasad, resident of Village
                 Gamhariya, P.O. and P.S.- Gamhariya, District- Madhepura.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mrs. Ankita Kumari
                 For the Opposite Party/s :    Mr. Pawan Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
                                       ORAL ORDER

3   18-03-2026                  1. Heard learned counsel for the petitioner.

                                2. The present application has been filed for

                   restoration of Civil Miscellaneous No. 754 of 2022, which got

                   dismissed on 02.02.2026 for want of prosecution.
          Patna High Court MJC No.405 of 2026(3) dt.18-03-2026
                                                      2/2




                                 3. For the reasons stated in this application, supported

                    by the affidavit the same is allowed and the connected case,

                    bearing Civil Miscellaneous No. 754 of 2022, is restored to its

                    original file.



                                                (S. B. Pd. Singh, J)

Ankit Kumar/-

U


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