Disposed¶48

Shabina Tarique Reza v. Kaniza Khatoon

Jharkhand HC16 Jul 2025C.R./37/2023

Case brief

AI extract

What is this about?

Restoration of appeal dismissed for default; re-admission of appeal under Order XLI Rule 19 CPC; civil revision not the proper remedy against dismissal-for-default of title appeal; delay of 2478 days; permission to withdraw revision granted; Title Appeal No. 12 of 2007, Additional District Judge-II, Deoghar, order dated 29.06.2015; substitution of legal heirs I.A. No. 12634 of 2024; Jharkhand High Court, Ranchi; Civil Revision No. 37 of 2023; Justice Pradeep Kumar Srivastava; 2025:JHHC:19372.

What did the court decide?

Permission to withdraw the civil revision with liberty to take recourse before the proper forum with proper application; pending I.As. stand disposed of. ¶48

Shabina Tarique Reza Vs Kaniza Khatoon — Jharkhand HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Permission to withdraw the civil revision with liberty to take recourse before the proper forum with proper application; pending I.As. stand disposed of.

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Issue for consideration

Whether a civil revision lies against an order dismissing a title appeal for default, or whether the proper remedy is an application by the appellant for re-admission/restoration of the appeal under Order XLI Rule 19 of the Code of Civil Procedure, 1908.

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Court's answer

Where an appeal has been dismissed for default, an application for re-admission/restoration of the appeal to its original number under Order XLI Rule 19 of the Code of Civil Procedure, 1908 has to be filed by the appellant, instead of filing a civil revision before the High Court.

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Ratio / Principle

Admission of the civil revision and any exercise of passing any order therein would be a futile exercise and against the law.

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Key takeaways

Permission sought by learned counsel for the petitioner to withdraw the civil revision, in order to file an appropriate application before the concerned Court, is allowed, no objection having been raised by learned counsel for opposite party No. 14.ratio¶47

Detailed headnote1 paragraphs

Civil Revision No. 37 of 2023 (Jharkhand High Court at Ranchi, Order No.09 dated 16.07.2025, Pradeep Kumar Srivastava, J.; neutral citation 2025:JHHC:19372): The revision was directed against the order dated 29.06.2015 of the Additional District Judge-II, Deoghar dismissing Title Appeal No. 12 of 2007 for default, and was filed with a delay of 2478 days. Holding that under Order XLI Rule 19 of the Code of Civil Procedure, 1908 ('Re-admission of appeal dismissed for default'), an application for restoration of the appeal to its original number must be filed by the appellant instead of a civil revision, the Court found admission of the revision and any order therein would be futile and against the law. Permission to withdraw the revision to file an appropriate application before the concerned Court was granted (no objection by O.P. No. 14); the civil revision and pending I.As. (including I.A. No. 12634 of 2024 for substitution of legal heirs) were disposed of.

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2025:JHHC:19372

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Civil Revision No.37 of 2023

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Shabina Tarique Reza aged about 39 years Daughter of Late Mohammad Almuddin, Wife of Md. Tarique Reza, resident of Ward No.14, Chandmari Mohalla, P.O. and P.S. Deoghar, District Deoghar.

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… Petitioner

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Versus

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Kaniza Khatoon Wife of Late Mohammad Samsul;

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Md. Samim son of Late Mohammad Halim;

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Mohammad Nashim son of Late Mohammad Halim;

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Mohammad Parwej son of Late Mohammad Halim;

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Mohammad Jamil son of Late Mohammad Halim;

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Mohammad Rabbani son of Late Mohammad Halim;

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Sarbari Begum D/o Late Mohammad Halim;

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Gazala Parwen D/o Late Mohammad Halim;

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Anguri Parwin D/o Late Mohammad Halim; All resident of Mohalla Panhaiyakola, P.O. Madhupur, Sub Division Madhupur, P.S. Madhupur, District Deoghar.

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Mohammad Yakub son of Not known, resident of Hatan Road, Asansol, P.O. and P.S. Asansol, District Burdwan, West Bengal.

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Mohammad Jamil son of Late Jahur Quawal, resident of Huti Bwar, P.O. and P.S. Giridih, District Giridih.

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Manan Khatoon Wife of Mohammad Sagir Alam, resident of Chalmoh, P.S. Dumri, P.O. Ishri, District Giridih.

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Chunni Khatoon Wife of Mohammad Salim, resident of Digwadih, P.O. and P.S. Digwadih, District Dhanbad.

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Tunni Khatoon @ Abada Khatoon wife of Md. Munna, resident of Mohalla Panhaiyakola, P.O. Madhupur, Sub Division Madhupur, P.S. Madhupur, District Deoghar.

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Baby Khatoon wife of Mohammad Khuraid Alam, resident of Gari Road, Barakar, P.O. and P.S. Barakar, District Burdwan, West Bengal.

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Guria Khatoon wife of Mohammad Jainul, resident of Mohalla Koria Colony, P.O. Koriya, P.S. Koriya, District Sarbujja, Madhya Pradesh.

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Mohammad Musa son of Not Known, resident of Shyam Bazar, P.O. and P.S. Sijuwa, District Dhanbad.

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Jamila Khatoon wife of Late Mohammad Nigar, resident of Near Afrina Hotel, Circular Road, P.O. and P.S. Kolkata, District Kolkata, West Bengal.

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Mohammad Mobin Son of Late Mohammad Sarif Hazi Sahab, resident of Nicha Dharu, P.O. and P.S. Kulti, District Burdwan, West Bengal.

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20.a. Md. Azad – Son of late Md. Salim

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20.b. Israt Begam – Wife of late Md. Naushad

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20.c. Md. Saddam – Son of late Md. Naushad

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20.d. Jasmin Praveen – Daughter of late Md. Naushad

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20.e. Guria Praveen – Daughter of late Md. Naushad

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20.f. Md. Navab – Son of late Md. Salim

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2025:JHHC:19372

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All resident of Mohalla – Panhaiyakola, P.O. – Madhupur, District – Deoghar. … Opp. Parties

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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Petitioner : Mr. Vishal Kumar Tiwary, Adv. For the O.P. No.14 : Md. Razaullah Ansari, Adv.

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Order No.09/Dated- 16.07.2025

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1. Heard learned counsel for the petitioner as well as learned counsel for the opposite party No.14.

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2. It appears that opposite party Nos.1, 4 and 8 have been reported to be died, in respect of, opposite party Nos.2, 3 and 9, notices have been received by family member, in respect of, opposite party Nos.5 and 6, notices have been received by wife, in respect of, opposite party Nos.7 and 20(a) to 20(f), notices have been received by self, in respect of, opposite party Nos.10, 12, 13, 15, 16, 17 and 19, noticee have been reported to be not found, in respect of, opposite party No.11, notice has been reported to be refused, in respect of, opposite party No.18, notice has been reported to be not proper address, in respect of, opposite party No.14, Vakalatnama has been filed.

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3. I.A. No.12634 of 2024 which has been filed for substitution of legal heirs of opposite party Nos.1, 4, 8, 10, 12, 17 and 18 is also pending.

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4. It is submitted by learned counsel for the petitioner at the very outset that present civil revision has been filed against the order of dismissed for default of Title Appeal No.12 of 2007 passed by learned Court of Additional District Judge-II, Deoghar vide order dated 29.06.2015.

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5. There is delay in filing this civil revision of 2478 days but as per provision of Order XLI Rule 19 of the Code of Civil Procedure, 1908 which provides; ' Re-admission of appeal dismissed for default ' , an application for restoration of Title Appeal to its

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2025:JHHC:19372

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original number has to be filed by the appellant instead of filing this civil revision before this Hon'ble Court.

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6. It appears that admission of this revision and any exercise for passing any order would be futile exercise and against the law. 7. Learned counsel for the petitioner seeks permission to withdraw this civil revision to file appropriate application before the concerned Court.

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8. No objection has been raised on the aforesaid plea of the petitioner by the learned counsel for the opposite party No.14.

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9. Therefore, permission as sought for, is allowed.

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10. Accordingly, this civil revision is disposed of with permission to take recourse before the proper forum with proper application.

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11. Pending I.As. also stand disposed of.

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(Pradeep Kumar Srivastava, J.)

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Sachin