Patna High Court
Md. Wakil KhanversusIbney Saud
- Decided
- Disposal
- ALLOWED
- Bench
- SUDHIR SINGH
Holding
The restoration application is allowed and the second appeal is restored to its original file.
Summary
The petitioners filed an application seeking restoration of Second Appeal No. 466 of 1999, which had been dismissed for default on 04‑02‑2020 due to non‑prosecution. The court examined whether a dismissed appeal could be revived despite the lapse. Relying on procedural principles, the court held that the restoration application was maintainable. Consequently, the application for restoration was allowed and the appeal was restored to its original file. Any pending applications, if any, were also ordered to be disposed of.
Issues considered
- Whether a second appeal dismissed for default on account of non‑prosecution can be restored
- Whether the court has jurisdiction to condone the default and revive the appeal
Subjects
- restoration of appeal
- default dismissal
- non‑prosecution
- civil procedure
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.894 of 2021
In
SECOND APPEAL No.466 of 1999
======================================================
1. Md. Wakil Khan Son of Late Md. Naphir Khan Resident of Village -
Bikramganj, Police Station- Bikramganj, District- Rohtas.
2. Msd. Ajmal Khan son of Md. Jamil Khan Resident of Village - Bikramganj,
Police Station- Bikramganj, District- Rohtas.
3. Md. Afzal Khan Son of Md. Jamil Khan Resident of Village - Bikramganj,
Police Station- Bikramganj, District- Rohtas.
4. Md. Asif Khan Son of Md. Jamil Khan Resident of Village - Bikramganj,
Police Station- Bikramganj, District- Rohtas.
5. Mukhtar Khan Son of Late Khunasib Khan Resident of Village -
Bikramganj, Police Station- Bikramganj, District- Rohtas.
6. Md. Sabeer Khan @ Safikhan Son of Late Kurbaan Khan Resident of
Village - Bikramganj, Police Station- Bikramganj, District- Rohtas.
7. Sheesh Khan @ Md. Shish Khan Son of Late Shoaib Khan Resident of
Village - Bikramganj, Police Station- Bikramganj, District- Rohtas.
8. Md. Rizwanullah @ Riziuallah Son of Late Shoaib Khan Resident of Village
- Bikramganj, Police Station- Bikramganj, District- Rohtas.
9. Md. Janaid Khan Son of Late Md. Sagir Khan Resident of Village -
Bikramganj, Police Station- Bikramganj, District- Rohtas.
10. Bilquis Wife of Late Zubair Khan Resident of Village - Bikramganj, Police
Station- Bikramganj, District- Rohtas.
11. Md. Unaib Khan Son of Late Zubair Khan Resident of Village - Bikramganj,
Police Station- Bikramganj, District- Rohtas.
... ... Petitioner/s
Versus
1. Ibney Saud Son of Late Taufir Khan Resident of Village - Bikramganj,
Police Station- Bikramganj, District- Rohtas.
2. Moina Khanam Wife of Late Shoib Khan Resident of Village - Bikramganj,
Police Station- Bikramganj, District- Rohtas.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheikh Arkan Ahmad, Advocate
For the Opposite Party/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
4 25-02-2026 The present application has been filed for restoration
Patna High Court MJC No.894 of 2021(4) dt.25-02-2026
2/2
of Second Appeal No. 466 of 1999, which was dismissed for
default on 04.02.2020 on account of non-prosecution.
2. For the reasons stated in the application, the
restoration application stands allowed.
3. Accordingly, Second Appeal No. 466 of 1999 is
restored to its original file.
4. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
Rajesh/-
U
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