IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1405 of 2008 MD. MAJHAR HASSAN & ORS Versus SHIV SHANKAR SAH & ORS ----------- 03- 5.9.2008 Heard Mr. Arvind Kumar Verma for the petitioners. This application has been filed by the appellants of S.A. No.146 of 2002 for modification and/or recall of the order dated 23.10.2002, whereby time was granted to the appellants to remove the defects failing which the appeal was to stand rejected without further reference to the Bench. It appears that by order dated 6.9.2002, of the learned Lawazima Board, as prayed for, four weeks’ time was granted to file complete certified copy of the decree under appeal. The same was not complied with leading to the order dated 23.10.2002, passed by the Bench, whereby time till 25.11.2002 was granted to remove the defects, failing which the appeal was to stand rejected without further reference to the Bench. The order was not complied with and the appeal automatically stood dismissed. The present restoration application has been filed after a lapse of little less than six years. No explanation has been offered to 2 explain the enormous delay. It is a case of extra-ordinary, unexplained delay and negligence. This application is accordingly rejected. (S K Katriar, J.) S.K.Pathak/