IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.498 of 2009 MD.FAKHRUDDIN Versus THE STATE OF BIHAR & ANR ----------- 2. 20/02/2009 This MJC application has been filed for recall of the order dated 15.1.2009 passed in MJC No.1170 of 2007. By the said order, MJC application was dismissed as no substitution petition was filed for substitution of legal heirs of the deceased sole petitioner in the case. Learned counsel for the petitioner submits that the sole petitioner died leaving behind only widow and one daughter and therefore, steps for filing substitution petition could not be taken in time. He submits that they are rustic ladies and therefore, they were not in know of the matter that after death of the petitioner, they had to contact learned counsel for filing substitution petition. In view of the submission of learned counsel for the petitioner as well as statements made in this MJC application, the same is allowed. The order dated 15.1.2009 is recalled and MJC No.1170 of 2007 is restored to its original file. - 2 - Two weeks time is allowed to file substitution petition in the said MJC application for substituting the legal heirs of the deceased sole petitioner. Pradeep/ (J. N. Singh, J.)