IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1549 of 2010 JAGDISH PRASAD SARAF & ANR. Versus STATE OF BIHAR ----------- 03/ 12.05.2010 Heard learned counsel for the petitioners. This petition has been filed for restoration of F.A. No. 57 of 2007, which stood dismissed for default due to non-compliance of order dated 24.09.2007, by which one week peremptory time was allowed to the appellants to comply the order of the Lawazima Board dated 31.05.2007 for filing certified copy of the award under appeal. Learned counsel for the petitioners submits that two analogous first appeals bearing F.A. No. 57 of 2007 and F.A. No. 58 of 2007 were filed, out of which the award under challenge in F.A. No. 58 of 2007 was filed in that first appeal, but the award, which is under challenge in F.A. No. 57 of 2007 was also filed inadvertently in F.A. No. 58 of 2007 due to clerical error on 27.09.2007 i.e. well within the time granted by this Court. However, since the said award was filed in another case, F.A. No. 57 of 2007 stood dismissed for default. Considering the aforesaid facts and circumstances, this M.J.C. case is allowed and F.A. No. 57 of 2007 is restored to its original file and number. However, office is directed to take out award dated 31.01.2007 passed by the Subordinate Judge-I-cum-Acquisition Judge, Katihart in L.A. No. 01 of 1998 from the records of F.A. No. 58 of 2007 and attach it to the records of F.A. No. 57 of 2007. MPS/ ( S. N. Hussain, J. )