IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3193 of 2008 SHUSHILA DEVI @ KANTI DEVI Versus ADITYA SHARMA & ORS ----------- 04/ 21.04.2009 Having heard counsel for the appellant- petitioner and having perused the orders dated 8.11.2000 and 16.11.2000, passed in First Appeal No. 304 of 1999, I am satisfied that on account of inadvertence on the part of the Joint Registrar (Judl.), erroneous order was recorded in this appeal on 8.11.2000, which was subsequently withdrawn on 16.11.2000 granting two weeks’ final time to remove the defects, but on account of aforesaid inadvertence, learned counsel could not comply even the subsequent order dated 2.2.2001 within the peremptory time granted to comply with the same and the result being that the First Appeal No. 304 of 1999 was dismissed for default for failure to comply with the order dated 2.2.2001. Counsel for the appellant submits that on account of laches and confusion on his part, appellant should not be allowed to suffer. Accordingly, the delay in filing the restoration application is condoned and First Appeal No. 304 of 1999 is restored to its original file and number directing the counsel for the appellant to remove the defects within two weeks, failing which the memo of appeal shall stand rejected without further reference to a Bench. Arjun/ ( V.N. Sinha, J.) 2