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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