Patna High Court
Md. Saiful IslamversusThe State of Bihar through its Chief Secretary
- Decided
- Disposal
- ALLOWED
- Bench
- ANIL KUMAR SINHA
Holding
The court held that a dismissed case may be restored if the petitioner demonstrates sufficient cause for missing the peremptory deadline, subject to removal of defects within a stipulated period.
Summary
The petitioners, a group of teaching and non‑teaching employees of Madarsa Faizul Uloom, filed an application before the Patna High Court seeking restoration of CWJC No. 4122 of 2025, which had been dismissed for non‑compliance with a peremptory order dated 19 September 2025. They explained that the defect could not be remedied within the stipulated time because the advocate‑clerk fell ill. The State of Bihar, represented by its officials, opposed the restoration, arguing that the peremptory deadline was mandatory. Justice Anil Kumar Sinha examined whether sufficient cause existed to relax the deadline and whether the case could be reinstated. Finding the petitioners’ explanation credible, the court allowed the application, directing that the defects be removed within one week and the case restored to its original file. The order thus reinstated the proceedings while imposing a strict compliance timeline.
Issues considered
- Whether a peremptory order for compliance can be relaxed on account of the advocate’s illness
- Whether a dismissed civil writ case may be restored upon showing sufficient cause
Subjects
- case restoration
- peremptory order
- procedural law
- civil procedure
- high court jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.4094 of 2025
In
Miscellaneous Jurisdiction Case No.3135 of 2025
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1. Md. Saiful Islam Son of Shafey Ahmed, Resident of Mohammadpur Koari,
P.O. Mohammadpur, P.S. Vaini, ward No. 9, District- Samastipur.
2. Md. Jalil Ahmad, S/o- Farmood Hussain, Khan, Resident of Ward No. 14,
Deewani Tola, Sahugadh 1, P.S. Madhepura, Village- Mahmadpur, District-
Madhepura, Bihar- 852113. Presently teaching and non-teaching employees
Madarsa Faizul Uloom, Chandchaur, Rahimtola, P.S. Ujiarpur, District-
Samastipur.
3. Sharfuddin, Son of Late Syed Kabiruddin, Resident of Village- Bhairopatti,
P.O. Banghara, P.S. Syhato, District- Samastipur. Presently teaching and
non-teaching employees Madarsa Faizul Uloom, Chandchaur, Rahimtola,
P.S. Ujiarpur, District- Samastipur.
4. Wasi Ahmad, Son of Abu Mahammad, Resident of Villag-e Pura Naodiha,
P.O. Dhoi Ghat, P.S. Darbhanga Town, District- Darbhanga. Presently
teaching and non-teaching employees Madarsa Faizul Uloom, Chandchaur,
Rahimtola, P.S. Ujiarpur, District- Samastipur.
5. Md. Noorul Hoda, Son of Late Md. Younus, Resident of Village- Mohania,
P.O. Kamroon, P.S. Kamroon, District- Samastipur. Presently teaching and
non-teaching employees Madarsa Faizul Uloom, Chandchaur, Rahimtola,
P.S. Ujiarpur, District- Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar through its Chief Secretary Government of Bihar, Patna.
2. The Additional Chief Secretary, Education Department, Government of
Bihar, Patna.
3. The Special Secretary-cum-Appellate Authority, Education Department,
Government of Bihar, Patna.
4. The Director, Higher Education, Government of Bihar, Patna.
5. The Director, Secondary Education, Government of Bihar, Patna.
6. The Joint Director, Secondary Education, Govt. of Bihar, Patna.
7. The Bihar State Madarsa Education Board, Patna through its Chairman,
Patna.
8. The Chairman, Bihar State Madarsa Education Board, Vidhyapati Marg,
Patna- 800001 Patna.
9. The Secretary, Bihar State Madarsa Education Board, Vidhyapati Marg,
Patna- 800001, Patna.
10. The District Education Officer, Samastipur, P.S. and District Samastipur.
11. The District Programme Officer (Establishment), Samastipur.
12. Tufail Ahmed, Son of Late Md. Kalimuddin, Reesident of Sobhan, Post
Office- Lalshahpur, District- Darbhanga. Claiming to be teaching employees
of Madarsa Faizul Uloom, Kabai Banghara, P.S. Dalsinghsarai, District-
Patna High Court MJC No.4094 of 2025(3) dt.30-01-2026
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Samastipur.
13. Safdar Azam, Son of Md. Zwyaur Rehamn, Resident of Jitwarpur Chouth,
P.O. Jitwarpur Chouth, P.O. Jitwarpur Chauth, P.S. Samastipur, District
Samastipur. Claiming to be teaching employees of Madarsa Faizul Uloom,
Kabai Banghara, P.S. Dalsinghsarai, District- Samastipur.
14. Iftekhar Alam, Son of not known, teaching employees of Madarsa Faizul
Uloom, Kabai Banghar, P.S. Dalsinghsarai, District- Samastipur.
15. Md. Kaiser Javed, Son of not known, teaching employees of Madarsa Faizul
Uloom, Kabai Banghara, P.S. Dalsinghsarai, District- Samastipur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pratik Kumar Sinha
For the Opposite Party/s : Mr.Government Pleader 26
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 30-01-2026 1. Heard the parties.
2. The present application has been filed for restoration of
CWJC No. 4122 of 2025, which got dismissed due to non
compliance of peremptory order dated 19.09.2025.
3. Learned counsel for the petitioner submit that due to
illness of Advocate Clerk, the defects could not be removed
within peremptory time.
4. Accordingly, for the reasons stated in this application, the
same is allowed and the connected case bearing CWJC No.
4122 of 2025 is restored to its original file subject to removal of
defects within one week.
(Anil Kumar Sinha, J)
praful/-
U
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