Disposed¶17

Hiralal Gupta v. Sunil Kumar Sahay

Jharkhand HC9 Jan 2026C.M.P./670/2025

Case brief

AI extract

What is this about?

Restoration of dismissed second appeal S.A. No.19 of 2017; dismissal for non-prosecution/default on 02.08.2023 due to non-appearance of previous counsel; petitioner learnt of dismissal on 15.05.2025; CMP for restoration granted without objection from opposite party; same-stage restoration ordered; Registry to list before concerned Bench after a week; petition disposed. Parties: Hiralal Gupta (petitioner) v Sunil Kumar Sahay (opposite party); both of Samtoli Road, Simdega. Bench: Anil Kumar Choudhary, J.; order dated 09-01-2026.

What did the court decide?

Restoration of S.A. No.19 of 2017 to its original file at the same stage as before dismissal, and listing of the restored appeal before the concerned Bench after a week. ¶17

Hiralal Gupta Vs Sunil Kumar Sahay — Jharkhand HC (2026) — LawSathi Research

¶1

( 2026:JHHC:553 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No.670 of 2025

¶2

Hiralal Gupta son of Late Ganesh Prasad Gupta, aged about 58 years, resident of at Samtoli Road, Samtoli, P.O.-Gotra, P.S.Simdega, District-Simdega.

¶3

… Petitioner

¶4

Versus

¶5

Sunil Kumar Sahay son of Sri Sachchida Nand Sahay, resident of Samtoli Road, Samtoli, P.O.-Gotra, P.S.-Simdega, District-Simdega.

¶6

… Opposite Party

¶7

------

¶8

CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

¶9

For the Petitioner : Mr. Baban Prasad, Advocate For the OP : Mr. Sahay Gaurav Piyush, Advocate ------

¶10

Order No:-05 Dated:-09-01-2026

¶11

Heard the parties.

¶12

This civil miscellaneous petition has been filed by the petitioner with the prayer for restoration of S.A. No.19 of 2017 to its original file which stood dismissed for non-prosecution on 02.08.2023.

¶13

It is submitted by the learned counsel for the petitioner that S.A. No.19 of 2017 stood dismissed for non-prosecution on 02.08.2023 by this Court. It is next submitted that due to non-appearance of the previous counsel of the petitioner in the Court, the case was dismissed for default. It is next submitted that the petitioner did not have the knowledge about the dismissal of his second appeal and he only came to know about the said dismissal when he came to the office of his counsel on 15.05.2025 for enquiry of status of his case. It is next submitted that non-prosecution before this Court on 02.08.2023 was neither deliberate nor intentional. It is also submitted that the petitioner has very good grounds to agitate in the said S.A. No.19 of 2017 and unless the same is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that the S.A. No.19 of 2017 be restored to its original file.

¶14

Learned counsel appearing for the opposite party has not raised any serious objection.

¶15

Considering the aforesaid submission of the learned counsel for the petitioner and the facts and circumstances of this case, S.A. No.19 of 2017 is directed to be restored to its original file at the same stage at which it was before its dismissal.

¶16

Registry is directed to list S.A. No.19 of 2017 before the concerned Bench after a week.

¶17

This Civil Miscellaneous Petition is disposed of accordingly.

¶18

(Anil Kumar Choudhary, J . )

¶19

09/01/2026 Abhiraj/

Hiralal Gupta v. Sunil Kumar Sahay

Case brief

What is this about?

What did the court decide?

Hiralal Gupta v. Sunil Kumar Sahay

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Saddam Hussain Vs the State of Jharkhand

Mani Lal Bhatt Vs the State of Jharkhand

Nidhi Pareshbhai Patel Alias Nidhi Patel Vs the State of Jharkhand

Debraj Sarkar Alias Nemua Alias Devraj Sarkar Vs the State of Jharkhand

Kartik Mahto Vs the State of Jharkhand

Sunil Saw Alias Sunil Kumar Alias Sunil Kumar Saw Vs the State of Jharkhand