IN THE HIGH COURT OF JUDICATURE AT PATNA SA No.37 of 1990 HARI SAH & ORS Versus UMA SAH & ORS ----------- 07/ 01.04.2010 This second appeal has been filed on 12.02.1990 against the judgment and decree of the lower appellate court dated 29.07.1989 although, according to the stamp report, limitation had expired on 27.11.1989. Even after three years of the filing of the said second appeal, when no interlocutory application for condoning the delay in filing of the second appeal was filed, a Bench of this Court vide order dated 22.02.1993 granted two weeks’ time to the appellants to file such an application, failing which, the memorandum of appeal was to stand rejected without further reference to a Bench. Even the said peremptory order was not complied for years together, which would be apparent from the office note dated 15.01.1999. 2. In the said circumstances, this second appeal has stood dismissed on 08.03.1993 due to non-compliance of the order of this Court dated 22.02.1993. Hence, Office should have noted the said fact immediately thereafter and closed the file, noting that the entire second appeal has stood dismissed. There is no occasion at all for raking up the matter again after so many years and sending it to this Court for orders. MPS/ ( S. N. Hussain, J. )