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Patna High Court

Randhir Kumar,versusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

A Letters Patent Appeal dismissed for default may be restored if a proper application is filed and the court is satisfied with the reasons presented.

Summary

The petitioner, Randhir Kumar, filed an application before the Patna High Court seeking restoration of Letters Patent Appeal No. 810 of 2018, which had been dismissed for default on 28 November 2019. The petition argued that the dismissal was erroneous and that the appeal should be reinstated to its original file. The court examined the application and, finding no substantive impediment, allowed the restoration. Consequently, the appeal and the connected case were restored to their original filing status. No substantive merits of the underlying dispute were addressed; the order dealt solely with procedural restoration.

Issues considered

  • Whether a Letters Patent Appeal dismissed for default can be restored upon filing of an application.

Subjects

  • restoration of appeal
  • default dismissal
  • letters patent appeal
  • procedural law
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA

                             Miscellaneous Jurisdiction Case No.5181 of 2019
                                                     In
                                    Letters Patent Appeal No.810 of 2018
                 ======================================================
                 Randhir Kumar, Son of Sri Ram Prit Sinha, Resident of Village-Esharchak,
                 P.S. Masaurhi, District-Patna.


                                                                            ... ... Petitioner/s
                                                    Versus

           1.    The State of Bihar Bihar.
           2.    The Commissioner-cum-Secretary, Primary Education, Govt. of Bihar,
                 Patna.
           3.    The Director, Primary Education, Bihar, Patna.
           4.    District Superintendent of Education, Patna.
           5.    Block Education Officer, Masaurhi P.O. and P.S. Masaurhi, District-Patna.
           6.    Mukhiya, Charma Panchayat, Masaurhi Block, P.S. Masaurhi, District-
                 Patna.


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Dr. Manoj Kumar
                 For the Opposite Party/s :    Mr. Ashutosh Ranjan Pandey (Aag 15)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                         and
                         HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA)

3   11-03-2026                  1. Heard learned counsel for the parties concerned.

                                2. The present application has been filed for

                   restoration of L.P.A. No. 810 of 2018, which was dismissed for

                   default, vide order dated 28.11.2019.

                                 3. For the reasons stated in this application, the same

                   is allowed and the connected case, bearing L.P.A. No. 810 of
           Patna High Court MJC No.5181 of 2019(3) dt.11-03-2026
                                                       2/2




                     2018, is restored to its original file.



                                              (Anil Kumar Sinha, J)


                                            ( Rajesh Kumar Verma, J)
HarshPandey/-

U      T


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