Patna High Court
Ejaz AhmadversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ANIL KUMAR SINHA
Holding
The Court restored the dismissed Civil Writ Jurisdiction Case No. 5434 of 2016 to its original file.
Summary
Petitioner Ejaz Ahmad filed an application on 11-03-2026 seeking restoration of Civil Writ Jurisdiction Case No. 5434 of 2016, which had been dismissed for default by an order dated 20-04-2024. The petitioner argued that the default dismissal was procedural and that the substantive rights remained viable. The Court examined whether a dismissed writ case could be reinstated upon a proper application showing sufficient cause. Finding that the procedural lapse could be cured and that no prejudice to the respondents would result, the Court allowed the application. Consequently, the original writ case was restored to the court's file for further adjudication.
Issues considered
- Whether a civil writ case dismissed for default can be restored upon a subsequent application.
- Whether the petitioner has shown sufficient cause to justify restoration of the dismissed case.
Subjects
- restoration of suit
- default dismissal
- civil writ jurisdiction
- procedural law
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.935 of 2025
In
Civil Writ Jurisdiction Case No.5434 of 2016
======================================================
Ejaz Ahmad Son of Late Abdul Majeed, Resident of Village- Angarghat, P.O.
and P.S.- Angarghat, District- Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The District Magistrate, Samastipur.
3. The District Education Officer, Samastipur.
4. The D.P.O. M.D.M., Sri Sanjay Kumar Choudhary.
5. The Block B.R.P. Ujjiyarpur, Sri Gandhi Rai.
6. The Block B.R.P. Shivajee Nagar, Sri Pritan Prakash.
7. The Block B.R.P. Tajpur, Sri Santosh Kumar Dhiraj.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shakil Ahmad Khan
For the State : Mr. Mankeshwar Tiwari, AC to AAG-3
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 11-03-2026 This application has been filed for restoration of
C.W.J.C. No. 5434 of 2016, which got dismissed for default,
vide order, dated 20.04.2024.
2. For the reasons stated in this application, the same
is allowed and the connected case, bearing C.W.J.C. No. 5434 of
2016 is restored to its original file.
(Anil Kumar Sinha, J)
Siwani/-
U
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