Created by Fuzzy Cloud

Patna High Court

Md. Manzar HussainversusMd. Ekbal Ahmad

Decided
Disposal
DISPOSED

Holding

The writ petition is restored to its original file, subject to compliance with the office note of 23‑02‑2024 and the court order of 22‑04‑2024 within four weeks.

Summary

The petitioner, Md. Manzar Hussain, filed a petition seeking restoration of a writ petition (CWJC No. 5903 of 2014) that had been dismissed for non‑compliance with a peremptory order dated 08‑05‑2024. The petitioner argued that his advanced age prevented him from appearing in time to rectify the defects. The court considered the circumstances and the petitioner's submission, and held that the writ petition should be restored to its original file. However, the restoration was made conditional upon compliance with the office note dated 23‑02‑2024 and the earlier court order dated 22‑04‑2024 within four weeks. The petition was consequently disposed of on those terms.

Issues considered

  • Whether a writ petition dismissed for non‑compliance with a peremptory order can be restored on the ground of the petitioner's age and inability to appear.
  • Whether the court may impose conditions (compliance with specific orders) as a prerequisite for restoration.

Subjects

  • restoration of writ
  • peremptory order
  • civil procedure
  • sympathetic relief
  • high court jurisdiction
  • age and disability

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.4293 of 2024
                 ======================================================
                 Md. Manzar Hussain Son of Late Abul Bashar, Resident of Village-
                 Shujawalpur, P.S.-Muffasil, District-Munger.

                                                                          ... ... Petitioner/s
                                                  Versus

           1.    Md. Ekbal Ahmad son of Late Ahmad Ali, Resident of Village-Shujawalpur,
                 P.S.-Muffasil, P.O.-Shankarpur, Pargana, Sub-Registry and District-Munger.
           2.    Quazi Mohammad Mushtaque Ahmad, son of Late Quazi Mohammad
                 Murtuza, Resident of Village-Shujawalpur, P.O.-Shankarpur, Sub-Registry
                 and District-Munger.
           3.    Quazi Mohammazd Ashfaque Ahmad, son of Late Quazi Mohammad
                 Murtuza, Resident of Village-Shujawalpur, P.O.-Shankarpur, Sub-Registry
                 and District-Munger.
           4.    Quazi Mohammad Neyaz Ahmad, son of Late Quazi Mohammad Murtuza,
                 Resident of Village-Shujawalpur, P.O.-Shankarpur, Sub-Registry and
                 District-Munger.
           5.    Md. Shamim Ahmad, son of Late Abul Bashar, Resident of Village-
                 Shujawalpur, P.S.-Maffasil, District-Munger.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr.Adil Abbas, Advocate
                 For the Opposite Party/s :   Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

3   09-01-2026                    The present petition has been filed for

                   restoration of a writ petition bearing CWJC No.

                   5903 of 2014 which has stood dismissed on

                   account of non-compliance of the peremptory

                   order dated 08.05.2024.

                   2.              The learned counsel for the petitioner

                   submits that since the petitioner is quite old, he

                   could not come in time for the purposes of aiding his
         Patna High Court MJC No.4293 of 2024(3) dt.09-01-2026
                                                     2/2




                   counsel for removing the defects pointed out by

                   the Registry, hence a sympathetic view be taken

                   and the aforesaid writ petition be restored to its

                   original file.

                   3.              Having          regard         to     the    facts       and

                   circumstances              of    the      case,       considering        the

                   submissions advanced by the learned counsel for

                   the petitioner as also considering the averments

                   made in the present petition, I deem it fit and

                   appropriate           to    direct       for       restoration      of   the

                   aforesaid writ petition bearing CWJC No. 5903 of

                   2014 to its original file, however subject to the

                   compliance of the office note dated 23.02.2024 as

                   also      the     earlier       order         of    this    Court    dated

                   22.04.2024 within a period of four weeks from

                   today.

                   4.              The present petition stands disposed of

                   on the aforesaid terms.


                                                     (Mohit Kumar Shah, J)
S.Sb/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.