Patna High Court
Harendra Kumar Singh @ Harendra SinghversusVandna Singh @ Pummy
- Decided
- Disposal
- ALLOWED
Holding
An appeal dismissed for default may be restored under Section 151 CPC if the application is filed within the limitation period.
Summary
The petitioner filed an application under Section 151 of the Code of Civil Procedure seeking restoration of Miscellaneous Appeal No. 429 of 2024, which had been dismissed for default on 24 March 2026. The application was made on 31 March 2026, well within the statutory limitation period for filing a restoration petition. The Court examined whether the timely filing sufficed to justify restoration despite the earlier default dismissal. Relying on the provisions of Section 151 CPC, the Court held that a petition filed within the prescribed period must be entertained. Consequently, the Court allowed the application and ordered that the appeal be restored to its original file.
Issues considered
- Whether a Miscellaneous Appeal dismissed for default can be restored under Section 151 of the Code of Civil Procedure when the restoration application is filed within the limitation period?
Legislation cited
- Code of Civil Procedure — s. 151
Subjects
- restoration of appeal
- default dismissal
- Section 151
- CPC
- limitation period
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.939 of 2026
In
Miscellaneous Appeal No.429 of 2024
======================================================
Harendra Kumar Singh @ Harendra Singh S/O Late Nagendra Singh @ Late
Jangali Singh, R/O Village- Anandpur, Post- Sonepur, P.S.-Sonepur, District-
Saran.
... ... Petitioner/s
Versus
Vandna Singh @ Pummy W/O Harendra Kumar Singh @Harendra Singh D/O
Late Ravindra Singh, R/O Village-Anandpur, Post- Sonepur, P.S.- Sonepur,
District- Saran At present R/O Village- Narauli, Post- Karauta, P.S.- Salimpur,
District Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Chandra Gandhi, Advocate
For the Opposite Party/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
and
HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI)
3 23-06-2026 This is an application for restoration of
Miscellaneous Appeal No. 429 of 2024 which was dismissed for
default on 24th March, 2026.
2. The appellant has filed the instant application for
restoration on 31st March, 2026, well within the statutory period
of limitation.
3. Accordingly, the instant application under Section
151 of the Code of Civil Procedure is allowed.
Patna High Court MJC No.939 of 2026(3) dt.23-06-2026
2/2
4. The Miscellaneous Appeal No. 429 of 2024 be
restored to its original file.
(Bibek Chaudhuri, J)
(Chandra Shekhar Jha, J)
Jyoti Kumari/-
U
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