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
Checking your session…