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Patna High Court

Raj Nandan Paswan,versusBali Yadav

Decided
Disposal
DISPOSED

Holding

The petition is allowed and CWJC No. 8786 of 2011 is restored to its original file subject to payment of Rs. 500 to the Legal Services Committee.

Summary

The petitioners sought restoration of Civil Writ Jurisdiction Case No. 8786 of 2011, which had been dismissed for default on 20 June 2011 for failure to comply with a pre‑emptory order dated 17 May 2015. The Patna High Court examined whether a dismissed writ case could be reinstated upon filing a petition and compliance with procedural requirements. The Court held that the petition could be allowed provided the petitioners paid a nominal fee of Rs. 500 to the High Court Legal Services Committee. Consequently, the Court ordered the restoration of CWJC No. 8786 of 2011 to its original file. The order was pronounced by Justice Rajiv Roy on 9 April 2026.

Issues considered

  • Whether a civil writ jurisdiction case dismissed for default can be restored upon filing a petition
  • Whether compliance with a pre‑emptory order and payment of a nominal fee suffices for restoration

Subjects

  • restoration of dismissed case
  • civil writ jurisdiction
  • default dismissal
  • pre‑emptory order
  • legal services fee

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.4864 of 2018
                                                        In
                                Civil Writ Jurisdiction Case No.8786 of 2011
                 ======================================================
           1.     Raj Nandan Paswan, Son of Late Chandradeep Paswan. resident of Village
                  Pipardaha, P.O. Sarsi Police Station Paliganj and District- Patna.
           2.    Amit Kumar, Son of Raj Nandan Paswan, resident of Village Pipardaha, P.O.
                 Sarsi Police Station Paliganj and District Patna.
           3.    Manorma Devi, Wife of Raj Nandan Paswan, Resident of Village Pipardaha,
                 P.O. Sarsi Police Station Paliganj and District- Patna.

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    Bali Yadav Son of Late Ram Dihal Yadav, resident of Village Kurkuri Milki
                 P.O. Kurkuri Police Station Paliganj and District- Patna.
           2.    Tahalu Yadav, Son of Bali Yadav, resident of Village Kurkuri Milki P.O.
                 Kurkuri Police Station Paliganj and District- Patna.
           3.    Bhuneshwar Yadav, Son of Tahalu Yadav, resident of Village Kurkuri Milki
                 P.O. Kurkuri Police Station Paliganj and District- Patna.
           4.    Nunu Yadav, Son of Tahalu Yadav, resident of Village Kurkuri Milki P.O.
                 Kurkuri Police Station Paliganj and District- Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Apurva Kumar, Advocate
                 For the Opposite Party/s :    Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   09-04-2026                  Heard the parties.

                                2. The present petition has been preferred for the

                   following relief(s):

                                              “for restoration of CWJC No. 8786 of

                                   2011 which stood dismissed for default on

                                   20.06.2011 for non compliance of pre-emptory

                                   order dated 17.05.2015.”

                                3. For the reasons assigned in paragraph nos. 4 to 7,
          Patna High Court MJC No.4864 of 2018(2) dt.09-04-2026
                                                      2/2




                    MJC No. 4864 of 2018 is allowed subject to payment of Rs.

                    500/- to the Patna High Court Legal Services Committee.

                                 4. CWJC No. 8786 of 2011 stands restored to its

                    original file.



                                                   (Rajiv Roy, J)
Adnan/-

U


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