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Patna High Court

IndiaversusSunil Kumar

Decided
Disposal
ALLOWED

Holding

The Court allowed the restoration of the dismissed civil writ jurisdiction case.

Summary

The Union of India, represented by various postal officials, filed an application before the Patna High Court seeking restoration of Civil Writ Jurisdiction Case No. 25156 of 2019, which had been dismissed for default on 16-12-2019. The petitioner argued that the dismissal was erroneous and requested that the case be reinstated to its original file. The Court examined the restoration application and found the reasons provided sufficient to set aside the default dismissal. Consequently, the Court allowed the restoration application. The case was restored to its original file, effectively reviving the proceedings that had been previously dismissed.

Issues considered

  • Whether a civil writ jurisdiction case dismissed for default can be restored upon filing of a restoration application

Subjects

  • restoration of suit
  • default dismissal
  • civil writ jurisdiction
  • procedural law
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Miscellaneous Jurisdiction Case No.5435 of 2019
                                                   In
                             Civil Writ Jurisdiction Case No.25156 of 2019
                 ======================================================
           1.     The Union of India though the Chief Postmaster General, Bihar Circle,
                 Patna.
           2.    The Postmaster General, Northern Region, Muzaffarpur
           3.    The Director of Postal Services, O/o the Postmaster General, Northern
                 Region, Muzaffarpur
           4.    The Superintendent of the Post Offices, Sitamari Division Sitamari
           5.    The Inspector of Posts, Central Sub-division, Sitamari
           6.    The Inspector of Posts, East Sub-division, Sitamari

                                                                            ... ... Petitioner/s
                                                     Versus

                 Sunil Kumar son of Shri Anup Mahto Resident of Village- Dadan Chak,
                 Haidra, P.S.- Majorganj, District- Sitamari.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Rajesh Kumar Verma, Advocate
                 For the Opposite Party/s :     Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

4   22-01-2026                  The present application has been filed seeking

                   restoration of CWJC No. 25156 of 2019, which was dismissed

                   for default on account of non-prosecution vide order dated

                   16.12.2019.

                                2. For the reasons stated in the restoration application,

                   the same is allowed.

                                3. Accordingly, CWJC No. 25156 of 2019 is restored
           Patna High Court MJC No.5435 of 2019(4) dt.22-01-2026
                                                       2/2




                     to its original file.


                                                 (Sudhir Singh, J)


                                                 ( Ritesh Kumar, J)

vinita/-
U


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