IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.269 of 2006 JUGESHWAR YADAV, Son of Late Godi Lal Yadav, resident of Village-Morkahi, P.O. Hathwan, P.S .& Anchal-Alauli, District- Khagaria ----------------- Appellant. Versus 1. NEELAM DEVI @ DIPO DEVI Wife of Late Guneshwar Pd. Yadav 2. Hira Kumari( Minor daughter of Neelam Devi) 3. Manjula Kumari( Minor daughter of Neelam Devi) 4. Sanjila Kumari( Minor daughter of Neelam Devi) All under the guardianship of Neelam Devi alias Dipo Devi Their mother natural guardian and next friend All resident of village-Morkahi, P.O. Hathwan, P.S. and Anchal – Alauli, District-Khagaria ------------ Respondent Ist parties 5. Chandeshwar Yadav, Son of Late Godi Lal Yadav 6. Kasualia Devi, Wife of Late Godi Lal Yadav 7. Barjeet Kumar 8. Amarjeet Kumar, Both minor sons of Jugeshwar Yadav,under the guardianship of his next friend father 9. Nunue Kumar, Minor son of Chandeshwary Yadav under the Guardianship of his next frined father All resident of Village-Morkahi, P.O. Hathwan, P.S. and Anchal- Alouli, District-Khagaria --------- Respondents IInd Parties ----------- 5 24-03-2009 When the case was called out for hearing under Order 41 Rule 11 C.P.C., no one appeared on behalf of the appellant. It appears from the order sheet that even earlier the appeal stood dismissed for non-prosecution by order dated 13.9.2007. It appears that the restoration of the appeal to its original file had no effect either on the appellant or his learned counsel. Accordingly, this appeal is again dismissed for non- prosecution. NKS/- (Abhijit Sinha, J.)