IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2122 of 2007 11 20.6.2011 Umesh Rajak son of Shri Ramdeo Rajak at and P.O. Barahi Bazar Via- Jakhim, Distict Aurangabad (Bihar) ….. Petitioner VERSUS 1. Magadh Gramin Bank through its Chairman, Katari Hill Road, Gaya At present Madhya Bihar Gramin Bank through its Chairman, Head Office Mina Plaza, South of Museum, Patna 2. Chairman, Gramin Bank, Katari Hill Road, Gaya at present Chairman, Head Office, Patna 3. Branch Manager, Sarhi Tola, Brodaha Road, Gaya …… Opp. Party -------- For the Petitioner : Mr Rajendra Kishore Prasad, Adv. For the Bank : Mr Mahesh Narayan Parbat, Adv. -------- Heard the parties. This restoration application has been preferred for restoring LPA No.568 of 2007 which was dismissed on 10.7.2007 when nobody appeared on behalf of the appellant to press the limitation petition and the appeal. The case of the petitioner is that sole counsel appearing for the appellant had unfortunately fallen sick and hence, could not appear on that date when the matter was listed for the first time. A preliminary objection has been raised on behalf of the respondents that since limitation petition was also dismissed for default along with the appeal, - 2 - therefore, the appeal now stands barred by limitation and cannot be restored. On perusing the order dated 10.7.2007 we find that the limitation petition was dismissed only on account of non- appearance of the counsel and as a consequence, the appeal also was dismissed. In our considered view, since the dismissal was not on merits but for default of appearance, the restoration application is maintainable. In the facts of the case, the prayer for restoration is allowed and LPA No.568 of 2007 and the limitation petition are restored to its original file. This restoration application stands allowed. sk (Shiva Kirti Singh, J.) (Vijayendra Nath, J.)