Patna High Court
Ram Lakhan MehtaversusTuleshwar Mahto
- Decided
- Disposal
- ALLOWED
- Bench
- ARUN KUMAR JHA
Holding
The High Court restored the dismissed Civil Miscellaneous Case No. 1707 of 2018 to its original file.
Summary
The petitioners, a group of brothers named Mehta, filed a petition in the Patna High Court seeking restoration of Civil Miscellaneous Case No. 1707 of 2018, which had been dismissed for non‑prosecution on 30 September 2024. They explained that the dismissal was due to an inadvertent omission on their part and submitted reasons justifying the restoration. The learned counsel for the petitioners presented these reasons before Justice Arun Kumar Jha. The Court examined whether the reasons provided were sufficient to set aside the dismissal for non‑prosecution. Satisfied with the petitioners' explanation, the Court allowed the petition. Consequently, the dismissed case was restored to its original file.
Issues considered
- Whether a dismissal of a civil miscellaneous case for non‑prosecution can be set aside on the basis of the petitioner's explanation of omission.
- Whether the petition for restoration is maintainable under the procedural law.
Subjects
- restoration of suit
- dismissal for non‑prosecution
- civil miscellaneous jurisdiction
- Patna High Court
- petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.4368 of 2024
In
CIVIL MISCELLANEOUS JURISDICTION No.1707 of 2018
======================================================
1. Ram Lakhan Mehta Son of Late Sakilchand Mehta, Resident of Village-
Birhara, P.O. Purhara, P.S. - Haspura, District- Aurangabad.
2. Deo Lakhan Mehta, Son of Late Sakilchand Mehta, Resident of village-
Birhara, P.O. Purhara, P.S. Haspura, District - Aurangabad.
3. Chandresh Mehta, Son of Late Sakilchand Mehta, Resident of village-
Birhara, P.O. - Purhara, P.S.- Haspura, District- Aurangabad.
4. Manresh Mehta, Son of Late Sakilchand Mehta, Resident of village-
Birhara, P.O. - Purhara, P.S. Haspura, District- Aurangabad.
5. Kamlesh Mehta, Son of Late Sakilchand Mehta, Resident of village -
Birhara, P.O. Purhara, P.S. Haspura, District- Aurangabad.
... ... Petitioner/s
Versus
1. Tuleshwar Mahto Son of Late Ramkeshar Mahto, Resident of village-
Birhara, P.O. - Purhara, P.S.- Haspura, District- Aurangabad.
2. Arjun Singh, Son of Late Karu Mehta, Resident of Village- Birhara, P.O. -
Purhara, P.S. Haspura, District - Aurangabad.
3. Nandlal Singh, Son of Late Karu Mehta, Resident of Village- Birhara, P.O. -
Purhara, P.S. Haspura, District - Aurangabad.
4. Arun Singh, Son of Late Karu Mehta, Resident of Village- Birhara, P.O. -
Purhara, P.S. Haspura, District - Aurangabad.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sharad Shekhar, Advocate
For the Opposite Party/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
4 13-02-2026 Heard learned counsel for the petitioners.
2. This petition has been filed for restoration of Civil
Misc. Case No.1707 of 2018, which stood dismissed for non-
prosecution on 30.09.2024.
3. On being satisfied with the reasons mentioned in
this petition explaining omission on part of the petitioners, the
Patna High Court MJC No.4368 of 2024(4) dt.13-02-2026
2/2
same is allowed and Civil Misc. Case No.1707 of 2018 is
restored to its original file.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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