Patna High Court

Samsudaullah @ Samsudaulla SiddiquiversusSalauddin Mian,

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

Holding

The court held that the second appeal may be restored when the order is complied with, even if the compliance is belated.

Summary

The petitioner, Samsudaullah, filed a Miscellaneous Jurisdiction application seeking restoration of Second Appeal No.497 of 2012, which had been dismissed on 24‑09‑2024 for failure to comply with an order dated 03‑09‑2024 against respondents nos. 4, 9, 24 and 26‑28. The petitioner asserted that the order had subsequently been complied with, albeit belatedly. The court considered whether a dismissed appeal could be reinstated when compliance is made after the prescribed deadline. Relying on procedural principles, the court held that belated compliance could be accepted and the appeal restored. Accordingly, the application was allowed and the second appeal was restored to the file.

Issues considered

Whether a second appeal dismissed for non‑compliance can be restored upon belated compliance with the court’s order

Subjects

restoration of appeal
non‑compliance
belated compliance
second appeal
procedural law
miscellaneous jurisdiction

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                Miscellaneous Jurisdiction Case No. 4123 of 2024
                                        In
                       SECOND APPEAL No.497 of 2012
     ======================================================
     Samsudaullah @ Samsudaulla Siddiqui, aged about 69 years, (Male), son of
     Late Abdul Khalique, resident of village- Kadipur, P.S.- Khairah District-
     Saran.
                                                              ... ... Petitioner/s

                                          Versus

1.   Salauddin Mian,
2.   Samad Mian,
3.   Umar Mian,
4.   Saphayat Ali @ Safayat Ali, all sons of late Karim Mian,
5.   Hatim Ali, son of late Karim Mian,
6.   Alauddin, son of Halim Mian,
7.   Ahmadi Khatoon, daughter of Halim Mian,
8.   Salaha Begum, wife of Late Amiruddin,
9.   Md. Alamgir,
10. Ali Sher,
11. Md. Jahangir,
12. Md. Munna,
13. Azaj,
14. Mustaque, all sons of late Amiruddin,
15. Noor Tara,
16. Munni Tara,
17. Chunni Tara, all daughters of late Amiruddin,
18. Sabri Khatoon, wife of Late Sharaf Mian,
19. Rajeeya Khatoon,
20. Raveeya Praveen,
21. Jubbe Praveen,
22. Saneya Praveen, all daughters of Sheb Miya, minor through Sabra Khatoon
    mother guardian and next friends,
23. Naushad Ali,
24. Shamshad Ali,
25. Amir Ali, all minor sons of Sheb Miya through Sabra Khatoon mother
    Guardian and next friends,
26. Kaimuddin, son of Alahim Mian,
    All resident of Village- Kadipur, Tola Nabiganj, P.O.- Nagra, P.S.- Khairah
         Patna High Court MJC No. 4123 of 2024(3) dt.13-02-2026
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                 District- Saran.
           27. Ali Imam, son of Late Noor Mohammad,
           28. Ashraf Ali,
           29. Kamanullah @ Amanullah,
           30. Beaullah @ Bakaullah,
           31. Mateullah, all sons of Ali Imam, resident of Village and P.O.- Kopa, P.S.-
               Kopa, District- Saran.
           32. Nasima Khatoon, wife of Late Nazamdaula @ Najmudaullah,
           33. Imtayazudaula, son of Late Nazmudaula @ Najmudaullah,
           34. Farzana (Minor), daughter of Nazmudaula @ Najmudaulah, through Nasima
               Khatoon, mother, next friend,
               All resident of Mohallah- Kadipur, Nabiganj, P.O.- Nagra, P.S.- Khairah,
               District- Saran.
           35. Samsa Khatoon, daughter of Abdul Khalique, wife of Md. Mujt @ Mustafa,
               resident of Village- Mahboob Chapra, P.S.- Barhariya, District- Siwan.
           36. Sujauddaullah, son of Abdul Khalique, resident of village- Kadipur,
                Nabiganj, P.O.- Nagra, P.S.- Khairah, District- Saran.
                                                                       ... ... Opposite Party/s
               ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arif Daula Siddiquie, Advocate
                 For the Opposite Party/s :
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

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

                                2. This MJC application has been filed for restoration

                   of Second Appeal No.497 of 2012 which stood dismissed on

                   24.09.2024, for non-compliance of order dated 03.09.2024 as

                   against the respondents nos. 4, 9, 24 and 26 to 28.

                                3. Learned counsel for the petitioner submits that

                   though the order dated 03.09.2024 passed in Second Appeal

                   No.497 of 2012 has been complied, but belatedly.

                                4. Having regard to the grounds mentioned in the

                   application, same is allowed and Second Appeal No.497 of 2012
            Patna High Court MJC No. 4123 of 2024(3) dt.13-02-2026
                                                        3/3




                      is restored to its file and number as against the respondents nos.

                      4, 9, 24 and 26 to 28.

                                   5. Since the order dated 03.09.2024 passed in Second

                      Appeal No.497 of 2012 in respect of respondents nos. 4, 9, 24

                      and 26 to 28 has been complied belatedly. Let the same be

                      accepted.

                                   6. The application stands allowed.


                                                               (Khatim Reza, J)
J. Alam/-

U

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