IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.695 of 2010 SHAMSE ALAM Versus STATE OF BIHAR & ANR ----------- 2 12.1.2010 This application has been filed for restoration of Cr. Misc. No. 51185/2007 which stood dismissed for default on 7.3.2008. By order, dated 21.2.2008 this court had directed that notices should be issued to opposite party no.2 under ordinary process and registered post. The notices were filed within time. It appears that there was a defect in the notices filed as the notice was printed on both sides of the page. The office treated the same as defective filing of notice and as per the per-emptory order the case stood dismissed for non-compliance. In my opinion the office ought to have brought the defect to the notice of the court, that the notices were defective. In any event considering the explanation offered by the petitioner, this application is allowed and Cr.Misc.No. 51185/2007 is restored to its original file. List Cr. Misc. No. 51185/2007 before an appropriate bench under the heading ‘to be mentioned’ to consider the defect in the notice. haque (Sheema Ali Khan, J.)