IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2574 of 2002 PAINAKO DEVI Versus SRI RAMESHWAR SINGH & ORS ----------- 17. 6.1.2010 The present application has been filed for restoration of F.A. No.178 of 1993, which stood dismissed for non-compliance of the peremptory order dated 8.5.2002, by which ten days time was allowed to serve a copy of the substitution petition with respect to the sole appellant, who is stated to have died on 6.8.1999 upon the other side. I.A. No.1711 of 2003 has also been filed praying for setting aside the abatement of the appeal, that was directed on the dismissal of the substitution petition. It is stated by learned counsel for the petitioner that the order dated 8.5.2002 could not be complied with as one of the two learned counsels appearing for the respondents had died in the meantime and the other could not be traced. For the said reasons, the order could not be complied with. Mr. Harendra Prasad Singh, Advocate along with another Advocate has entered appearance on behalf of opposite party Nos. 2 to 4 and his - 2 - junior counsel, Mr. Rajiv Kumar Singh, does not contest the facts as stated in the restoration application. No counter affidavit has also been filed contesting the said facts. In the above circumstances, the restoration application along with I.A.No.1711 of 2003 is allowed. The abatement of F.A. No. 178 of 1993 by order dated 19.9.2002 is set aside and the First Appeal along with substitution petition being I.A. No.2930 of 2001 both are restored to their original files. VPS ( Ramesh Kumar Datta, J. )