IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.56 of 2023 In CIVIL MISCELLANEOUS JURISDICTION No.546 of 2018 ====================================================== 1. Rajendra Paswan S/o Late Sudum Pawan @ Sudum Lal Paswan R/o Village- Baghiya, Jadiya, P.S.- Jadiya, District- Supaul 2. Upendra Paswan S/o Late Paanchu Paswan R/o Village- Baghiya, Jadiya, P.S.- Jadiya, District- Supaul 3. Ashok Paswan S/o Uttim Paswan R/o Village- Baghiya, Jadiya, P.S.- Jadiya, District- Supaul ... ... Petitioner/s Versus 1. Pawan Kumar Chaurasia S/o Late Deonarayan Bhagat x 2. Arun Kumar Chaurasia S/o Late Deonarayan Bhagat x 3. Kavita Devi D/o Late Deonarayan Bhagat x 4. Shivpujan Bhagat S/o Jamun Bhagat R/o - Bhagheli Post- Mahrampur, P.S.- Jadiya, District- Supaul 5. Raghunath Bhagat S/o Jamun Bhagat R/o - Bhagheli Post- Mahrampur, P.S.- Jadiya, District- Supaul 6. Most. Sudamiya Devi W/o Late Parmeshwari Paswan R/o Idgah Navtolia, P.S.- Farwisganj, District- Araria 7. Subodh Paswan S/o Parmeshwari Paswan R/o Idgah Navtolia, P.S.- Farwisganj, District- Araria ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Parth Gaurav For the Opposite Party/s : Mr. Chandra Mauli Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 5 11-03-2026 1. Heard Mr. Parth Gaurav, learned counsel for the petitioners and Mr. Chandra Mauli Chaurasia, learned counsel for the respondents. Patna High Court MJC No.56 of 2023(5) dt.11-03-2026 2/3 2. The present application has been filed for restoration of C. Misc. No. 546 of 2018, which was dismissed as not pressed vide order dated 23.08.2022. 3. Learned counsel for the petitioners submits that the counsel appearing for the petitioners in the aforesaid case, Mr. Rakesh Chandra, was selected as an Additional District and Sessions Judge in the State of Jharkhand. Accordingly, C. Misc. No. 546 of 2018 was not pressed by the learned counsel at that time. However, the petitioners have now approached the present counsel and are willing to pursue the matter. Therefore, it is prayed that C. Misc. No. 546 of 2018 may be restored to its original file and number. 4. Learned counsel for the respondents submits that the case was not dismissed for default; rather, it was not pressed by the petitioners. 5. Considering the rival submissions of the parties and taking into consideration the fact that the petition was not pressed by the petitioners, which led to the dismissal of the application, this Court is of the view that the present restoration application cannot be Patna High Court MJC No.56 of 2023(5) dt.11-03-2026 3/3 allowed. Since the issue was not decided on merits by this Court, the petitioners shall be at liberty to file a fresh application against the impugned order. Siwani/- (Anil Kumar Sinha, J) U