2026:JHHC:19378 IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 606 of 2026 --------- Marwari Panchayat, a society registered under the Society Registration Act, 1860 having its Registration No.261/1979-80 earlier represented through its office bearer and general secretary Sri Ashok Kumar Jagnani, Son of Kashi Ram Jagnani having its office at By-Pass Road, Chas, Near old Bus Stand Chas, P.O. and P.S.-Chas, District-Bokaro now represented through the General Secretary Gopal Kumar Agrawal, Son of Sri Chainsukhlal Agarwal, aged about 44 years, resident of Chas, P.O. and P.S.-Chas, District-Bokaro … … Petitioner Versus M/s Shyam Steel Traders, Prop. Sri Prabhash Agarwal, son of Late Chandra Sen Agarwal, carrying on business in Shop No.1 Laxmi Narayan Market, Marwari Panchayat, By Pass Road, Old Bust Stand, Chas, P.O. and P.S.-Chas, District-Bokaro …. Opp. Party --------- CORAM: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA ---------- For the Petitioner : Mr. Lal Vikram Nath Shahdeo, Advocate For the Opp. Party : Mr. Rahul Lamba, Advocate Mr. Aditya Mohan Khandelwal, Advocate Mr. Anish Kamal, Advocate ----------- 02/Dated: 02nd July, 2026 1. Heard learned counsel for the parties. 2. This civil miscellaneous petition under section 151 of C.P.C. has been filed with a prayer to restore Civil Revision No.44 of 2022 to its original file, which was dismissed for default by this Court vide order dated 23.04.2025 due to none appearance of the learned counsel for the petitioner. 3. It is submitted by the learned counsel for the petitioner that the original Civil Revision No.44 of 2022 was dismissed for default on 23.04.2025 2026:JHHC:19378 2 | P a g e due to misconception of date of listing of the case. It is further submitted that the defect(s) as pointed out by the office in the original civil revision could not be removed and meanwhile, the civil revision was dismissed for default. There is no deliberate intention on the part of the petitioner. It is further submitted that the petitioner has very good grounds to agitate in Civil Revision No.44 of 2022 and unless Civil Revision No.44 of 2022 is restored to its original file, the petitioner will be highly prejudiced. Hence, Civil Revision No.44 of 2022 may be restored to its original file. 4. Learned counsel for the opposite party has opposed the aforesaid contentions of the petitioner and submitted that sufficient opportunities were given to the petitioner in the original civil revision to remove the defect(s) as pointed out by the office but the same was not removed. The original revision was filed in the year 2022 but it was still running as defective for three years, which shows the deliberate inaction on the part of the petitioner. Therefore, this petition is fit to be dismissed. 5. It appears that the original civil revision No.44 of 2022 was preferred against the judgment of dismissal of the eviction suit filed by the present petitioner before the learned trial court on the ground of his personal necessity. Therefore, hearing of this case on merits is required. 6. Considering the submission advanced on behalf of learned counsel for the petitioner as well as the reason assigned in the instant Civil Miscellaneous Petition, deems it fit and proper to restore civil revision 2026:JHHC:19378 3 | P a g e No.44 of 2022, which stood dismissed for default vide the order dated 23.04.2025, to its original file 7. In view thereof, Civil Revision No.44 of 2022 is restored to its original file subject to condition that the defect(s), if any, must be removed within 10 days from the date of this order. 8. This civil miscellaneous petition is allowed accordingly. (Pradeep Kumar Srivastava, J.) Pappu/- 02/07/2026 Uploaded On 04/07/2026