IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.982 of 2006 BABUNA KUWAR AND OTHERS Versus TARKESHWARI DEVI ----------- 09. 14.05.2008 Heard Mr. Devendra Kumar on behalf of the petitioners and Mr. Ramanuj Tiwary on behalf of the opposite parties. This M.J.C. petition has been filed for restoration of C.R. No. 869 of 2004 which was dismissed for default due to non- compliance of order dated 02.03.2006. By the said order two weeks peremptory time was allowed to the petitioners to take steps for fresh service of notice upon opposite party nos. 5, 6, 8 and 14 under registered cover with A/D with correct present address. From the averments made by learned counsel for the petitioners and statements made in the petition, it appears that some grounds have been tried to be made showing that the petitioners were prevented due to sufficient reasons from complying the said order. However, considering the facts and circumstances of the case, this M.J.C. petition is allowed. C.R. No. 869 of 2004 is restored to its file and number subject to compliance of order dated 02.03.2006 by Friday next(23.05.2008). This order will also be subject to payment of cost of Rs.500/- by the petitioners to Mr. Ramanuj Tiwary, Advocate within one month. harish (S.N. Hussain, J.)