Patna High Court
Mithlesh PrasadversusDeonandan Prasad
- Decided
- Disposal
- ALLOWED
- Bench
- RITESH KUMAR
Holding
The First Appeal No. 258 of 1994 is restored to its original file.
Summary
The petitioners filed a restoration petition to reinstate First Appeal No. 258 of 1994, which had been dismissed for failing to comply with a peremptory order dated 13 July 2018 that granted four weeks to remedy defects identified by the Lawazima Board on 10 May 2017. The opposite party’s counsel did not object to the restoration. The court considered the statements made in the petition, especially paragraphs 4 and 9, and found no reason to deny reinstatement. Consequently, the restoration petition was allowed. The First Appeal No. 258 of 1994 was restored to its original file, illustrating that a non‑objection and satisfactory explanation can justify restoration despite prior non‑compliance.
Issues considered
- Whether a First Appeal dismissed for non‑compliance with a peremptory order can be restored to its original file
- Whether the opposite party’s lack of objection suffices for restoration
Subjects
- restoration of appeal
- peremptory order
- non‑compliance
- civil procedure
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.478 of 2025
In
FIRST APPEAL No.258 of 1994
======================================================
1. Mithlesh Prasad S/o Late Ramnandan Singh @ Ram Nandan Yadav resident
of Village Gangachak Malkana, P.O. and P.S.- Masaurhi, District - Patna.
2. Chinta Devi D/o Late Ramnandan Singh @ Ram Nandan Yadav and W/o Sri
Bhagvan Yadav resident of Village- Jhamnachak, P.O. and P.S.- Barni,
Disrict -Patna.
... ... Petitioner/s
Versus
1. Deonandan Prasad S/o Late Ram Bilash Yadav resident of Village
Gangachak Malkana, P.O. and P.S.-Masaurhi, District - Patna.
2. Most. Shyama Devi W/o Late Jai Nandan Prasad resident of Village
Gangachak Malkana, P.O. and P.S.-Masaurhi, District - Patna.
3. Babita Kumari daughter of Late Jai Nandan Prasad resident of Village
Gangachak Malkana, P.O. and P.S.-Masaurhi, District - Patna.
4. Sabita Kumari daughter of Late Jai Nandan Prasad resident of Village
Gangachak Malkana, P.O. and P.S.-Masaurhi, District - Patna.
5. Sri Dinesh Kumar S/o Deonandan Prasad resident of Village Gangachak
Malkana, P.O. and P.S.-Masaurhi, District - Patna.
6. Shri Satendra Kumar S/o Deonandan Prasad resident of Village Gangachak
Malkana, P.O. and P.S.-Masaurhi, District - Patna.
7. Shri Sanjay Kumar S/o Deonandan Prasad resident of Village Gangachak
Malkana, P.O. and P.S.-Masaurhi, District - Patna.
8. Shri Nandu Kumar S/o Deonandan Prasad resident of Village Gangachak
Malkana, P.O. and P.S.-Masaurhi, District - Patna.
9. Shri Sunil Kumar S/o Sri Dinesh Kumar resident of Village Gangachak
Malkana, P.O. and P.S.-Masaurhi, District - Patna.
10. Shri Ranjan Kumar S/o Sri Dinesh Kumar resident of Village Gangachak
Malkana, P.O. and P.S.-Masaurhi, District - Patna.
11. Jitendra Kumar S/o Late Jai Nandan Prasad resident of Village Gangachak
Malkana, P.O. and P.S.-Masaurhi, District - Patna.
12. Nand Kumar S/o Late Jai Nandan Prasad resident of Village Gangachak
Malkana, P.O. and P.S.-Masaurhi, District - Patna.
13. Bablu S/o Late Jai Nandan Prasad resident of Village Gangachak Malkana,
P.O. and P.S.-Masaurhi, District - Patna.
14. Shrimati Rajpati Devi W/o Mewa Yadav and D/o Late Rambilash Yadav
Village- Ramni Bigha, P.S.- Dhanarua, P.O. - Hajrat sain, District Paina
15. Shrimati Sheopati Devi wife of Rajan Yadav and D/o Late Rambilash Yadav
Village Bara Kako, P.O.- Allinangar Pali, District-Gaya (Now Jehanabad).
16. Shrimati Dhanwanti Devi wife of Ram Ekwal Singh and D/o Late
Rambilash Yadav Village - Rasilachak, P.O. and P.S.- Punpun, District Patna.
Patna High Court MJC No.478 of 2025(7) dt.08-05-2026
2/3
17. Shri Ram Lakhan Yadav S/o Late Ghutan Dass Village - Bara Kako, P.O.-
Allinangar Pali, District - Gaya (Now Jehanabad).
18. Shri Meghan Yadav son of Shri Ram Lakhan Yadav Village Bara Kako, P.O.-
Allinangar Pali, District - Gaya (Now Jehanabad).
19. Shri Mahendra Yadav sons of Shri Ram Lakhan Yadav Village Bara Kako,
P.O.- Allinangar Pali, District - Gaya (Now Jehanabad).
20. Shri Rajendra Yadav sons of Shri Ram Lakhan Yadav Village Bara Kako,
P.O.- Allinangar Pali, District - Gaya (Now Jehanabad).
21. Sri Bhawani Shankar S/o Late Ramlakhan Yadav resident of Village
Kharaura, P.S.- Masaurhi, via Masaurhi, District-Patna.
22. Shri Rambali Yadav S/o Sri Bhawani Shankar resident of Village Kharaura,
P.S.- Masaurhi, via Masaurhi, District-Patna.
23. Shri Lala Yadav S/o Sri Bhawani Shankar resident of Village Kharaura, P.S.-
Masaurhi, via Masaurhi, District-Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nitesh Kumar, Advocate
For the Opposite Party/s : Mr. Ashar Mustafa, Advocate
: Ms. Anit Kumari, Advocate
For the PCI : Mrs. Parul Prasad, Advocate
: Mr. Aditya Anand, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
7 08-05-2026 Heard the parties.
2. The present restoration petition has been filed for
restoration of F.A. No. 258 of 1994 to its original file, which
was dismissed for non-compliance of the peremptory order
dated 13.07.2018, by which four weeks’ time was granted to the
learned counsel for the appellant to comply the order dated
10.05.2017 passed by the Lawazima Board, whereby defects
were directed to be removed.
3. The learned counsel appearing on behalf of the
respondent/opposite party does not object to the prayers made in
Patna High Court MJC No.478 of 2025(7) dt.08-05-2026
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the restoration petition.
4. In view of the statements made in the present
restoration petition, including paragraph nos. 4 and 9, the
restoration petition is allowed.
5. The First Appeal No. 258 of 1994 is restored to its
original file.
(Ritesh Kumar, J)
Ajay/Amit/-
U
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