Patna High Court
Md. Manzar HussainversusMd. Ekbal Ahmad
- Decided
- Disposal
- DISPOSED
- Bench
- MOHIT KUMAR SHAH
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/-
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