IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.247 of 2002 BALESHWAR SINGH Versus STATE OF BIHAR ----------- 06. 19.05.2011 Heard learned counsel for the petitioner and the State. This application has been filed for restoration of First Appeal No. 207 of 1997 which was dismissed for non compliance of the order dated 19th of May 2001 whereby the petitioner herein, who was the appellant, was directed to file appellants’ list as also the initial printing cost of Rs. 16. Though the appellants’ list was filed but the initial printing cost of Rs. 16 could not be filed due to inadvertence. Since the present Restoration Application was filed after the expiry of the period of limitation and an Interlocutory Application no. 2135 of 2002 was also filed for condoning the delay in filing the Restoration Application. Considering the submissions and the grounds stated in the petition, Interlocutory application No. 2135 of 2002 is allowed and the delay in filing the restoration application (M.J.C. No. 247 of 2002 ) is condoned. I.A. No. 1533 of 2010 Interlocutory Application No. 1533 of 2010 has been filed for substituting the legal representatives of 2 the petitioner, Baleshwar Singh who died during the pendency of the application leaving behind his legal representatives as mentioned in paragraph -1 of the interlocutory application. It is submitted that Interlocutory Application for substituting the legal representatives could not be filed soon after the death of the petitioner no. 1 due to bonafide mistakes. It is submitted that petitioner has also filed another contempt application vide M.J.C. No. 1842 of 2005 and in the said contempt application petitioner had filed the substitution petition within time and as such non filing of the Substitution Petition in this case within time, was due to bonafide mistakes. Considering the submissions of the parties and the grounds stated in this application, Interlocutory application no. 1533 of 2010 is allowed and the legal representatives of the petitioner as mentioned in paragraph -1 be substituted in place of the deceased Baleshwar Singh and his name (Baleshwar Singh ) be expunged from the records. Considering the submissions and the ground stated in the M.J.C. application for restoration and the fact that non filing of initial printing cost of Rs. 16 was due to bonafide mistakes, the present M.J.C. application is allowed and the connected First Appeal No. 207 of 3 1997 is restored to its original file subject to the payment of cost of Rs. 500/- to be deposited with the Patna High Court, Legal Aid Committee within a period of one week after annual vacation and the receipt showing such deposit be filed. Submission of the counsel for the State that for the period, the appeal remained dismissed, the petitioner/ appellant of the aforesaid appeal is not entitled to interest, if any, over the decreetal amount in the said First Appeal No. 207 of 1997, shall be considered at the time of hearing of the appeal. Jagdish/ ( Shailesh Kumar Sinha, J.)