IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.917 of 2008 SMT. PRABHA DEVI Versus MOST. LILAWATI DEVI & ORS ----------- For the petitioner : Mr. Anil Kumar, Advocate --------- 03. 03.02.2009 This petition has been filed for restoration of MJC No.2769 of 2006, which was dismissed due to non-compliance of the order of this court dated 13.08.2007. 2. The petitioner was appellant in F.A. No.105 of 1987 in which order dated 04.05.2006 was passed by this court granting one week peremptory time to comply the order of Lawazima Board dated 04.01.2006 for filing appellant list and depositing initial printing cost. The said order was not complied and F.A.No.105 of 1987 stood dismissed for default. 3. Thereafter the petitioner filed MJC No.2769 of 2006 for restoration of the said first appeal. The said petition was allowed on 13.08.2007 and the first appeal was ordered to be restored to its original file and number subject to compliance of the order dated 04.05.2006 passed in the first appeal by 20.08.2007. The said order was also not complied by the petitioner and, accordingly, MJC No.2769 of 2006 stood dismissed for default. 4. Now the instant MJC No.917 of 2008 has been filed on behalf of the petitioner for restoration of MJC No.2769 of 2006. It appears that although the first appeal was pending since 1987, but the appellants were not taking proper care of the case as would be - 2 - apparent from non-compliance of repeated orders in the first appeal and in the earlier M.J.C Case. Learned counsel for the petitioner has submitted that this was due to the death of the earlier counsel for the appellant, namely Mr. Braj Nandan Singh, on 28.11.2007. 5. Considering the facts and circumstances of this case, both the petitions, namely MJC No.2769 of 2006 and MJC No.917 of 2008 are allowed and F.A.No.105 of 1987 is restored to its original file and number, but this order will be subject to compliance of order dated 04.05.2006 passed in F.A.No.105 of 1987 by Friday (06th February, 2009) and will also be subject to payment of cost of Rs.5,000.00 (Rupees five thousand) to any of the counsel appearing for the respondents in the first appeal within one month from today. 6. It may be noted in this connection that if any of the aforesaid order is not complied within the time prescribed, not only MJC No.917 of 2008 shall stand dismissed, but also MJC No.2769 of 2006 and F.A.No.105 of 1987 shall stand dismissed without any further reference to a Bench and no further indulgence shall be given to the petitioner in any manner whatsoever. Sunil (S. N. Hussain, J.)