IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.669 of 2010 Ilahi Bux Versus State Of Bihar & Ors. ----------- 7 25-7-2011 Heard the learned counsel appearing on behalf of the petitioner. This civil revision has been filed against the order dated 28-6-2010 passed by the Additional District Judge, Benipur, in Title Appeal No. 28 of 2008 dismissing the petition dated 4-5-2010 filed by respondent no.1. There is no dispute that the Title Appeal was filed against the judgment and decree dated 30-8-2008 by the State of Bihar. However, the said Title Appeal was dismissed on 24-7-2009 for non- payment of the court fee. Thereafter Miscellaneous Case No. 26 of 2009 had been filed for restoration of the said appeal and this Miscellaneous Case was allowed on 15-9-2009 and the Title Appeal was restored. There is also no dispute that on that date itself the appellant-State of Bihar had deposited the court fee. On appearance after notices in the appeal, the respondents had filed a petition to the effect that since the appeal had been dismissed for non-payment of court fee, the same should not have been restored without there being a review petition. By the impugned order the said petition filed 2 by the respondent no.1 has been rejected. After hearing the learned counsel appearing on behalf of the petitioner and perusing the impugned order, it becomes clear that the court below has considered the objection raised by the petitioner regarding the restoration of the appeal without there being any review petition. There does not appear to be any error of jurisdiction and illegality in the impugned order. The revision application is, accordingly, dismissed. roy ( V. Nath, J.)