IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1933 of 2008 BINDESHWARI PASWAN Versus RAJ KUMAR PASWAN & ORS ----------- 2 21/11/2008 Heard counsel for the petitioner. In the opinion of this Court once the suit was dismissed for default in the year 1997 in presence of the petitioner, same could not have been restored without notice to the petitioner. From the impugned order itself it would be clear that no such notice was given and the suit was restored without affording any opportunity to oppose such prayer. That being so, this Court would hold that the impugned order is vitiated by apparent jurisdictional error and accordingly the impugned order is set aside and the matter is remitted back to the court below, who after giving opportunity of hearing to the petitioner will pass a fresh order on the prayer for restoration of the suit. With the aforementioned observation this application is disposed of. ( Mihir Kumar Jha, J. ) Abhay Kumar