IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1873 of 2011 Surya Narayan Chaudhary Ors Versus Udai Kumar Jaiswal For the Petitioners : Mr. Avinash Kumar Sinha, Advocate For the Opp. Party : Mr. Ramesh Kumar Choudhary, Advocate ---- 3 19.10.2011 Heard learned counsel for the petitioners and the opposite party. This application has been filed for restoration of First Appeal No. 502/1983 which stood dismissed for want of prosecution on 6.4.2011. Learned counsel for the petitioners submitted that omission on the part of the petitioners - appellants on account of fault committed by the office of the learned counsel for the appellants as the case could not be marked. However, learned counsel for the sole opposite party submits that vide order dated 1.10.2010 upon joint prayer made on behalf of the parties the first appeal was directed to be listed on 18.11.2010. Thereafter matter could be taken up on 1.4.2011 then on 5.4.2011 and lastly on 6.4.2011 and on all such occasions none had appeared on behalf of 2 the petitioner - appellant. However, learned counsel for the petitioners reiterates that no one has appeared on behalf of the appellants on account of the fact that the case could not be marked. Accordingly, in the interest of justice, this application is allowed and First Appeal No. 502/1983 is restored to its original file and number subject to payment of a cost of Rs. Five hundred by 9.11.2011. Spd/- ( Dr. Ravi Ranjan, J.)