IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3305 of 2008 BIPIN KUMAR SINGH Versus RAM DARSHAN YADAV & ANR ----------- 3. 26.04.2010 This is an application for restoration of M.A. No. 333 of 2004 which was dismissed on 7.11.2008 on account of non- prosecution as nobody had appeared to argue when the appeal was taken up for hearing. The reasons for non-appearance is stated to be that the conducting lawyer had not appeared due to illness and he had instructed one another counsel to appear in the case but he did not appear due to being engaged in another Court. As to the antecedent of the appeal, it is found that the appeal was earlier dismissed in the same manner on account of non- prosecution on 25.04.2008 but the same was restored subsequently. It was after restoration that the appellant again did not appear on 7.11.2008, hence, the appeal was dismissed for the second time on account of non-prosecution. It appears that the appellant has been negligent and disinterested in prosecuting his case. The ground for non-appearance also does not appear to be satisfactory. Therefore, I do not feel inclined to allow this restoration application. Accordingly, it is dismissed. (C.M. Prasad, J.) Ravi/-