IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2672 of 2007 SITARAM MAHTON & ors.--- Petitioners. Versus LILA MAHTON & ORS --- O.Ps. ----------- 5 17.12.2008 This M.J.C. Application No. 2672 of 2007 has been filed on 5.11.2007 with a prayer for restoring M.J.C. No.234 of 2006 which stood dismissed for default on 18.7.2006 as nobody had appeared on behalf of the petitioners therein on repeated calls. Learned counsel for the petitioners submits that M.J.C. No.234 of 2006 was for the restoration of F.A. No.869 of 1979 which too was dismissed due to non- compliance of peremptory order dated 13.12.2005 as passed therein. As also averred in the instant M.J.C. application, learned counsel for the petitioners submits that in F.A. No.869 of 1979, the Vakalatnama had been filed by two counsels namely, Prabhat Kumar Choudhary and Parth Sarthi but on the cause list dated 18.07.2006 the name of Prabhat Kumar Choudhary was printed as the counsel for the petitioners and that Mr. Prabhat Kumar Choudhary had already sifted his practice some other place and due to this 2 confusion the another counsel Mr. Parth Sarthi could not mark his list and hence nobody appeared at the time when the M.J.C. No.234 of 2006 was called on 18.07.2006. Thus hearing and considering the entire facts and circumstances, this M.J.C. application is allowed but with a condition precedent that the applicant be deposit a sum of Rs.250/- with the Patna High Court Legal Aid Services Committee and produce the receipt in the office. Accordingly, this M.J.C. application is allowed in terms as stated above. Mkr. (C.M. Prasad, J.)