IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1089 of 2008 TETRA KUNWAR & ORS Versus SHAIL SINGH & ORS ----------- 3 22.09.2008 This M.J.C. application No. 1089 of 2008 has been filed with a prayer for recalling the order dated 06.09.2005 passed in F.A. No.476 of 1983 declaring the appeal to have become incompetent as whole due to its dismissal as against respondent Nos. 1(a), 7 & 8. Learned counsel for the appellant submits that for restoration of the F.A. No.476 of 1983 as against the said respondent Nos.1 (a), 7 & 8 due to non-compliance of the peremptory order dated 18.07.2005, M.J.C. No.279 of 2007 was filed which has been heard today and has also been allowed by an order by which F.A. No.476 of 1983 has been ordered to be restored against respondent Nos.1 (a), 7 & (8) subject to fulfillment of some condition of payment of cost as ordered therein. Learned counsel continues to submit that the dismissal of F.A. No.476 of 1983 vide order dated 6.9.2005, by which the appeal was ordered to have become incompetent as whole by an order which was 2 passed as a consequence of the peremptory order dated 18.07.2005 having not been complied by the appellant. Learned counsel further submits that restoration of F.A. No.476 of 1983 has already been ordered as against respondent Nos.1 (a), 7 & 8, the consequential order dated 6.9.2005 declaring the appeal to have become as incompetent will have no ground to stand and hence it also requires to be recalled. Considering the submissions and the facts and circumstances, the order dated 6.09.2005 is hereby recalled. This M.J.C. No.1089 of 2008 is hereby allowed. Mkr. (C.M. Prasad, J.)