Patna High Court

Sital SahversusDudh Nath Singh,

Decided: 13 February 2026
Disposal: ALLOWED
Bench: KHATIM REZA

Holding

The court restored M.J.C. No. 4145 of 2014 to its original file and number, subject to compliance with the earlier peremptory order within four weeks.

Summary

The petitioners, a group of relatives of Sital Sah, filed an application seeking restoration of Miscellaneous Jurisdiction Case No. 4145 of 2014, which had been dismissed for default because they failed to comply with a peremptory order dated 27‑02‑2015. The dismissal arose from a second appeal (No. 298 of 2000) that was ordered to be returned to the original file. The High Court, after considering the facts and the petitioners' averments, allowed the application. Consequently, the court restored M.J.C. No. 4145 of 2014 to its original file and number, imposing a condition that the parties comply with the 27‑02‑2015 order within four weeks. The order was pronounced by Justice Khatim Reza.

Issues considered

What is the scope of the court's power to restore a Miscellaneous Jurisdiction Case dismissed for default?
Whether compliance with a peremptory order is a condition precedent for restoration of the dismissed case.

Subjects

restoration of case
default dismissal
peremptory order
Miscellaneous Jurisdiction
High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.799 of 2017
                                                     In
                              Miscellaneous Jurisdiction Case No.4145 of 2014
                 ======================================================
           1.     Sital Sah Son of Late Gopalk Sah Resident of Village Marahan, P.S. Manjhi,
                  P.O. Natwal Samariya, PS Manjhi District- Saran.
           2.    Yogendr Sah Son of late Gopalk Sah Resident of Village Marahan, P.S.
                 Manjhi, P.O. Natwal Samariya, PS Manjhi District- Saran.
           3.    Bijendra Sah Son of Late Sital Sah, Resident of Village Marahan, P.S.
                 Manjhi, P.O. Natwal Samariya, PS Manjhi District- Saran.
           4.    Gendu Sah Son of late Sital Sah, Resident of Village Marahan, P.S. Manjhi,
                 P.O. Natwal Samariya, PS Manjhi District- Saran.
           5.    Chandrama Sah Son of late Sital Sah, Resident of Village Marahan, P.S.
                 Manjhi, P.O. Natwal Samariya, PS Manjhi District- Saran.
           6.    Mukesh Sah Son of Late Sital Sah, Resident of Village Marahan, P.S.
                 Manjhi, P.O. Natwal Samariya, PS Manjhi District- Saran.
           7.    Jitendra Sah Son of Late Sital Sah, Resident of Village Marahan, P.S.
                 Manjhi, P.O. Natwal Samariya, PS Manjhi District- Saran.

                                                                          ... ... Petitioner/s
                                                    Versus
           1.    Dudh Nath Singh, Son of Late - Shankar Singh, Resident of Village Smaria
                 Kurji, P.O. Kopa Bazar, P.S. Revelganj, District- Saran.
           2.    Madan Singh Son of Late Shankar Singh, Resident of Village Smaria Kurji,
                 P.O. Kopa Bazar, P.S. Revelganj, District- Saran.
           3.    Ramanand Singh Son of Late - Shankar Singh, Resident of Village Smaria
                 Kurji, P.O. Kopa Bazar, P.S. Revelganj, District- Saran.
           4.    Dhuruka Devi D/o Late Gopal Sah, Resident of Village Marahan, P.S.
                 Manjhi, P.O. Natwar Smaria, District- Saran.
           5.    Parmeshara Devi D/o Late Gopal Sah, Resident of Village Marahan, P.S.
                 Manjhi, P.O. Natwar Smaria, District- Saran.
           6.    Raja Sah Son of Late Gopal Sah, Resident of Village Marahan, P.S. Manjhi,
                 P.O. Natwar Smaria, District- Saran.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Amaresh Kumar Jha, Advocate
                 For the Opposite Party/s :    Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

4   13-02-2026                  Heard learned counsel for the petitioners.
           Patna High Court MJC No.799 of 2017(4) dt.13-02-2026
                                                       2/2




                                  2. The present application has been filed for

                     restoration of M.J.C. No. 4145 of 2014, arising out of Second

                     Appeal No. 298 of 2000 which was dismissed for default due to

                     non-compliance of the peremptory order dated 27.02.2015

                     passed by a Co-ordinate Bench of this Court to its original file

                     and number.

                                  3. Having regard to the facts and circumstances of the

                     case and the averments made in the application, the same is

                     allowed.

                                  4. Accordingly, M.J.C. No. 4145 of 2014 is restored to

                     its original file and number, subject to compliance of the order

                     dated 27.02.2015 within a period of four weeks from today.



                                                  (Khatim Reza, J)
shyambihari/-

U

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