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Patna High Court

BiharversusKumari Reeta @ Reeta Kumari

Decided
Disposal
DISMISSED

Holding

The Court held that no sufficient cause was shown, so the delay could not be condoned and the restoration petition was dismissed.

Summary

The State of Bihar filed an intra‑court appeal (LPA No. 5 of 2020) against a judgment dated 15‑Oct‑2019 in CWJC No. 14412 of 2019, but the appeal was filed out of time and was dismissed for non‑prosecution on 12‑May‑2022 after the counsel was absent on two occasions. The Department later filed a restoration petition (MJC No. 727 of 2023) nine months and five days late and sought condonation of this delay through an interlocutory application. The application relied on administrative reasons such as obtaining certified copies, legal opinion, and internal file movement. The Court examined the reasons and held that they did not constitute a cogent or sufficient cause for condoning the delay. Consequently, the interlocutory application and the restoration petition were dismissed.

Issues considered

  • Whether a delay of nine months and five days in filing a restoration petition can be condoned.
  • Whether the reasons provided by the Department constitute sufficient cause for condonation of delay.

Subjects

  • restoration petition
  • condonation of delay
  • limitation period
  • intra‑court appeal
  • non‑prosecution
  • administrative delay

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.727 of 2023
                                                     In
                                     Letters Patent Appeal No.5 of 2020
                 ======================================================
           1.     The State of Bihar
           2.    The State of Bihar through the Principal Secretary, Social Welfare
                 Department, Government of Bihar, Patna.
           3.    The Director, Integrated Child Development Scheme, Bihar, Patna.
           4.    The Joint Director (Headquarters), Social Welfare Department, Government
                 of Bihar, Patna.

                                                                          ... ... Petitioner/s
                                                   Versus

                 Kumari Reeta @ Reeta Kumari Daughter of Late Ram Kailashh Sinha, Wife
                 of Anil Kumar Singh Resident of Village- Raja Bazar, Indrapuri, Police
                 Station- Tilauthi, District- Rohtas.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr.Uday Shankar Pandey (AC to GA-7)
                 For the Opposite Party/s :   Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

4   23-04-2026             Re: I.A. No. 1 of 2026

                           The present Interlocutory Application has been filed for

                   condoning delay of nine months and five days in filing the

                   present restoration petition.

                   2.      The short facts of the case are that an intra-court appeal

                   bearing L.P.A. No. 5 of 2020 was filed challenging the judgment

                   dated 15.10.2019 passed by the Ld. Single Judge of this Court in

                   CWJC No. 14412 of 2019, which also suffered from limitation
Patna High Court MJC No.727 of 2023(4) dt.23-04-2026
                                            2/3




          inasmuch as the same was filed beyond the time limit prescribed

          for filing the said appeal, nonetheless on account of the Ld.

          Counsel for the appellants remaining absent on two occasions,

          the appeal was dismissed for non-prosecution by an order dated

          12.05.2022. Thereafter, the connected restoration petition

          bearing MJC No. 727 of 2023 was filed after a delay of nine

          months and five days alongwith which the present Interlocutory

          Application has been filed for condoning the delay in filing the

          restoration petition and the reasons mentioned therein can be

          culled out from paragraphs no. 4 to 8, which are reproduced

          hereinbelow:-

                       “4. That it is further stated that immediately
                           thereafter requisition was filed for obtaining the
                           certified copy of order dated 12.05.2022 passed
                           in L.P.A. No. 05 of 2020.
                       5. That it is further stated that thereafter the matter
                           was processed for obtaining legal opinion. That
                           after obtaining the legal opinion, the matter was
                           sent to the higher authorities for getting the
                           approval for preferring the restoration petition.
                       6. That thereafter, the Department has decided to
                           prefer restoration petition, aggrieved with order
                           dated 12.05.2022 passed in L.P.A. No. 05 of
                           2020 by the Hon'ble Court.
                       7. That it is further stated that immediately the
                           competent authorities have approached the
                           Learned Government Counsel for taking steps
                           for filling of restoration petition before the
                           Hon'ble Court.
                       8. That it is stated that due to administrative
                           exigency and movement of file to different wing
         Patna High Court MJC No.727 of 2023(4) dt.23-04-2026
                                                     3/3




                                   of the Department, time has been consumed and
                                   due to that delay have been caused.”
                   3.      A bare perusal of the aforesaid paragraphs of the present

                   Interlocutory Application would depict that no cogent much less

                   sufficient cause has been shown so as to warrant condonation of

                   delay in filing the connected restoration petition, hence the

                   present Interlocutory Application is dismissed being devoid of

                   any merit. Consequently, the restoration petition bearing MJC

                   No. 727 of 2023 also stands dismissed.


                                                       (Mohit Kumar Shah, J)


                                                       (Arun Kumar Jha, J)

S.Sb/-

U


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