Patna High Court

THE STATE OF BIHAR and ORSversusGODHAN PD. SINGH and ORS

Decided: 30 April 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: RAJIV ROY

Holding

The petition for restoration was dismissed because the petitioner failed to appear before the court.

Summary

The State of Bihar filed a petition seeking restoration of Miscellaneous Jurisdiction Case No. 1132 of 2005, which had been dismissed for default on 29 September 2025 for non‑compliance with an order dated 22 September 2025. The petition was filed on 30 April 2026. No counsel appeared on behalf of the petitioner at the hearing. The learned judge noted that the petitioner had not made any appearance to argue the restoration. Consequently, the court dismissed the petition for lack of representation. The dismissal reinstated the earlier default order, leaving the original case dismissed.

Issues considered

What is the effect of the petitioner's failure to appear on the petition for restoration of a dismissed case?
Can a petition for restoration be entertained when the petitioner does not make an appearance before the court?

Subjects

restoration of suit
default dismissal
civil procedure
non‑appearance
high court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Miscellaneous Jurisdiction Case No.4845 of 2011
                                                   In
                            Miscellaneous Jurisdiction Case No.1132 of 2005
                  ======================================================
                  THE STATE OF BIHAR and ORS.

                                                                             ... ... Petitioner/s
                                                    Versus
                  GODHAN PD. SINGH and ORS.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :    None
                  For the Opposite Party/s :    Mr. Rajeshwar Singh, Advocate
                  For the State            :    Mr. Rajeshwar Singh, GA-10
                                           :    Mr. Jitendra Kumar, AC to GA-10
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                        ORAL ORDER

3    30-04-2026                    No one appears on behalf of the petitioner.

                                 2. The present petition has been preferred for the

                    restoration of MJC No. 1132 of 2005 which was dismissed for

                    default on 29.09.2025 for non-compliance of order dated

                    22.09.2025 passed by the Hon'ble Court.

                                 3. Since there is no appearance, the petition stands

                    dismissed.



                                                (Rajiv Roy, J)
vinayak/-

U

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