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Patna High Court

Bihar and OrsversusThe Zila Parishad and Anr

Decided
Disposal
ALLOWED

Holding

The Court held that the Letters Patent Appeal No. 191 of 2018 may be restored to its original file.

Summary

The State of Bihar and its officials filed an application on 13 March 2026 seeking restoration of Letters Patent Appeal No. 191 of 2018. The appeal had been dismissed for default by the High Court on 11 September 2018. The petition argued that the dismissal was erroneous and that the appeal should be reinstated to its original file. The Court examined the procedural rules governing restoration of dismissed appeals and found no bar to reinstatement where the applicant satisfied the required conditions. Accordingly, the Court allowed the restoration application. LPA No. 191 of 2018 was restored to its original file.

Issues considered

  • Whether a Letters Patent Appeal dismissed for default can be restored upon application?

Subjects

  • Letters Patent Appeal
  • Restoration
  • Default Dismissal
  • Procedural Law
  • High Court of Patna

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Miscellaneous Jurisdiction Case No.965 of 2019
                                                      In
                                    Letters Patent Appeal No.191 of 2018
                  ======================================================
            1.     The State of Bihar through Secretary, Panchayat Raj Department, Govt. of
                   Bihar, Patna
            2.    The Secretary Panchayat Raj Department, Govt. of Bihar, Patna
            3.    The Director Panchayat Raj Department, Govt. of Bihar, Patna
            4.    The Deputy Development Commissioner-cum-Chief Executive Officer Zila
                  Parishad, Rohtas, Sasaram
                                                                          ... ... Petitioner/s
                                                    Versus
            1.    The Zila Parishad, Rohtas Karmchari Ekai Sangh, Rohtas, Sasaram through
                  its Chairman Raj Kishore Singh, S/o Late Kamta Singh
            2.     Sharwan Ram, S/o Late Shyam Lal Ram, R/o Vill.- Simri, P.O.- Sikaria,
                   P.S.- Sheosagar, Distt.- Rohtas
                                                                  ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Sumant Kumar Singh, AC to GA-2
                  For the Opposite Party/s :       Mr. Nikhil Kumar Agrawal, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                          and
                          HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                        ORAL ORDER
                  (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

5    13-03-2026                  The present application has been filed for restoration

                    of LPA No. 191 of 2018, which stood dismissed for default by

                    order dated 11.09.2018.

                                 2. For the reasons stated in the restoration application,

                    the same is allowed.

                                 3.    LPA No. 191 of 2018 is restored to its original

                    file.

                                                 (Sudhir Singh, J)


                                               (Sunil Dutta Mishra, J)
Rajesh/-
U


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