IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.22227 of 2011 Arjun Singh & Ors Versus Bhim Singh & Ors ---------------------------------- 02. 15.12.2011. Heard the learned counsel for the petitioner and the learned counsel for the State. This application has been filed by the petitioner against the order dated 23.07.2011 passed by Subordinate Judge Vth, Buxar in Misc. Case No.16 of 2011 whereby the learned Court below allowed the Misc. case and restored title suit No.148 of 2009 to its original file. It appears that for non-compliance of the order passed by the Court below for filing necessary requisites for notice, the suit was dismissed on 07.04.2011. For restoration of the said suit, the plaintiff filed Misc. case No.16 of 2011. In the said Misc. case also examined one witness and by the impugned order, the Court below allowed the Misc. case finding that the Misc. case was filed within time for restoration of the title suit. The only grievance of the petitioner is that prior to restoration, no notice was served on the petitioner. It appears that the restoration application was filed within time. The plaintiff’s case was that the Advocate clerk has given him the next date of the suit as 08.04.2011 but on 07.04.2011, the suit has been - 2 - dismissed. Because of this confusion, the order could not be complied with. The learned counsel before this Court submitted that had the Court below given chance to the petitioner, the petitioner could have objected the restoration. As stated above since restoration application was filed within time, it was only empty formality to issue the notice in M.J.C. application to the petitioners. Moreover, when substantial justice has been done between the parties in supervisory jurisdiction, the order cannot be interfered with. Accordingly, this writ application is dismissed. Sanjeev/- (Mungeshwar Sahoo,J.)