IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13530 of 2010 BUTTOO PRASAD . Versus THE STATE OF BIHAR & ANR ------------ 2. 13.4.2010 This application has been filed for restoration of Cr. Misc. no.33628 of 2009 which was dismissed for non-compliance of Court’s order dated 16.11.2009. It is stated in the petition that due to sudden death of father of advocate’s clerk he left for his native home at Biharsharif and failed to take steps for filing notice to opposite party no.2, which was instructed by the learned counsel, within the stipulated time. There is no deliberate laches on the part of the petitioner or his counsel. Considering the reasons stated, this restoration application is allowed and Cr. Misc. no.33628 of 2009 is restored to its original file. Sudip ( Mandhata Singh, J. )