IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.431 of 2003 KESHAV CHAND PANDEY Versus KAILASH PANDEY & ORS ----------- 11 7.7.2008 Heard learned counsel for the appellant. No body appears for the respondents. This appeal has been filed for restoration of Title Appeal No.13/1987 which was dismissed for default on 24.7.2003. A petition for re-admission of the appeal under order 41 Rule 19 CPC bearing Misc.Case No.4/2003 was filed, but the same was dismissed on 8.8.2003. It will go to show that since thereafter of the dismissal of the appeal on 24.7.2003, the petition for re-admission was filed on behalf of the appellant. The conduct of the appellant has been shown in the impugned order itself to infer that on the last four preceding dates, the appellant was absent. It has been submitted that actually there was communication gap between the appellant-petitioner and the conducting lawyer which prevented him from persuing the matter on those dates as a result of which the appeal stood dismissed. Title Appeal was of the year 1987 which was dismissed in the year 2003 and so, there was every possibility that the appellant being rustic villager was not so vigilant as was expected from him after a long sixteen years of the filing of the appeal. In the aforesaid facts and circumstances, this appeal is allowed with a warning that the appellant should remain vigilant in future, and thisT.A.No.13/87 is restored to its original file and number. 2 The court below is directed to take up the matter for early disposal of the appeal. SKBOSE (Subash Chandra Jha)