IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1786 of 2007 DR.ARUN KUMAR SINGH & ANR Versus SMT.RADHA DEVI ----------- 5 14.08.2008 This application has been filed with a prayer for restoring F.A. No.190 of 1983, which was dismissed due to non-compliance of the peremptory order dated 18.07.2005, which had directed the appellant for filing the appellant list and initial printing cost within two weeks with a rider that if the order was not complied within the said period the appeal shall stand dismissed. As also averred in the petition, learned counsel for the petitioners/appellants submits that the appellants were abroad and they had no knowledge of the peremptory order and their counsel did not take proper action for compliance of the order of the Court and that after coming to India they learnt about the dismissal of the case and they filed this restoration petition. It is also submitted that the copy of the application has also been served to the counsel for the other side namely; Mr.N. K. Agrawal, Senior Advocate. Today Mr. Saket Tiwary is present in Court as Junior Counsel to Mr. N.K. Agrawal, Sr. 2 Advocate, whom the copy is served but he does not oppose this application. Thus hearing this application is allowed and F.A.No.190 of 1983 is ordered to be restored to its original file with a condition precedent that the petitioners/appellants will comply the said peremptory order dated 18.07.2005 within ten days positively, failing which they will not be entitled to any restoration. Mkr. (C.M. Prasad, J)