IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.125 of 2010 PRABHU SAH & ANR. Versus RAMAGYA SAH & ORS. ----------- 03/ 27.01.2010 This petition has been filed for restoration of I.A. No.4089 of 2008 which was dismissed for default due to partial compliance of order of this court dated 24.06.2009, passed in S.A. No.74 of 2003. I.A. No.4089 of 2008 was filed on behalf of the appellants-petitioners for substitution of the heirs of respondent nos.1 and 2 which was allowed on 24.06.2009 subject to the appellants taking steps for issuance of notice to the substituted heirs by both process within two weeks, failing which that second appeal shall stand dismissed against them without further reference to a Bench. It transpires that the said order was only partially complied, as steps for service of notice upon the substituted heirs were taken only by ordinary process within time, but no step was taken for notice by registered post. Due to the said part compliance of the said order, the aforesaid interlocutory application stood dismissed and the appeal remained pending only against two dead persons, namely original respondent nos.1 and 2. Considering the aforesaid facts and circumstances, this petition is allowed and I.A. No.4089 of 2008 is restored to its original file and number. Office is directed to take steps for issuance of notice to the substituted heirs of respondent nos.1 and 2, as requisites for 2 notice by registered post have also been filed by the petitioner on 14.01.2010. harish/ ( S. N. Hussain, J. )