IN THE HIGH COURT OF JUDICATURE AT PATNA C. REV. No.188 of 2005 The Bihar State Religious Trust Board, Patna through the Special Officer alias Administrator, at Vidypati Marg, Patna. (Defendant 2nd set)-Appellant-Petitioner Versus 1. Ram Nath Mishra 2. Madhurendra Kumar Mishra 3. Ram Chhahi Kumar Mishra All sons of Shesh Kumar Mishra Ram Nath Mishra, guardian and next friend of his minor brother Ram Chhabi Kumar Mishra, All residents of village Partappur, P.O. Ganga Pipar, P.S. and Anchal Chairaiya, District Champaran. 4. Smt. Archana Devi, wife of Ram Nath Mishra, residents of village Partappur, P.O. Ganga Pipar, P.S. and Anchal Chairaiya, District East Champaran. 5. (i)Vijya Laxmi, wife of Sri Kishore Kumar Jha, resident of village +P.O. +P.S. Ghoghardiha, District Madhubani 6. Smt. Braj Kali Devi, wife of Shesh Kumar Mishra 7. Umesh Kumar Singh, son of Ram Chandra Singh 8. Shashi Ranjan Kumar Singh son of Kriti Narayan Singh Respondents no.6 to 8, residents of village Partappur, P.O. Ganga Pipar, P.S. and Anchal Chairaiya, District East Champaran. …(Defendants Ist Set)…Respondents-Opposite Parties 9. Raja Ram Rai, son of Dev Nandan Rai, resident of village Raghopur, P.S. Chiraiya, District East Champaran …(Enter Defendant)..(Respondent)…Opposite Party ----------- For the Petitioner : M/s R.C. Thakur and Kamal Kishore Singh, Advocates For the Respondents : None ……… 18/ 22.07.2011 Heard learned counsel for the petitioner. Inspite of notices sent to the opposite parties, no one appears on their behalf to contest this case. 2. This petition has been filed by appellant-petitioner for review of order dated 29.06.2005, by which it was held that First Appeal No. 776 of 1993 stood dismissed as against respondent no. 5(i) due to non-compliance of the peremptory order dated 2 13.04.2005 observing that in view of the nature and claim of the parties as declared by the trial court, the whole appeal was recorded incompetent due to its dismissal as against respondent no. 5(i). 3. It transpires that respondent no.5 had died and his heirs were substituted in the first appeal, vide order dated 15.12.2003 whereafter all the substituted heirs of respondent no.5 appeared, except respondent no. 5(i) and hence notices were directed to be issued to respondent no. 5(i) vide order dated 13.04.2005 granting one week peremptory time to the appellant to file talbana of Rs.04.50 for the same. This order was not complied, as a result of which the order, sought to be reviewed dated 29.06.2005, was passed by a Bench of this Court. 4. Learned counsel for the appellant-petitioner submits that on 13.04.2005 he was not present in Court as he was not well and he had no knowledge about the said order dated 13.04.2005, due to which he could not comply the same He further submits that immediately after coming to know about the said order, appellant- petitioner filed the said talbana on 20.06.2005 and the same is on the records of the first appeal. 5. In the aforesaid facts and circumstances, this review petition is allowed and order dated 29.06.2005 passed in First Appeal No. 776 of 1993 is reviewed and recalled and the first appeal is restored to its original file and number. The date for filing talbana vide order dated 13.04.2005 is extended till the date of its filing i.e. 20.06.2005. Office is directed to accept the talbana of Rs.04.50 3 filed by appellant-petitioner for issuance of appeal notice upon respondent no. 5(i) and take steps accordingly. MPS/ ( S. N. Hussain, J. )