IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2999 of 2008 SHUKDEO PRASAD-----Petitioner. Versus 1. RAJDEO MAHTO, SON OF LATE BADRI MAHTO, RESIDENT OF VILLAGE LAUKHAN MAHIMA MAHTO TOLA, P.S. GHORASAHAN, DISTRICT EAST CHAMPARAN----PRE-EMPTOR O.P.(IST PARTY) 2. THE STATE OF BIHAR. 3. THE ADDITIONAL MEMBER, BOARD OF REVENUE, BIHAR, PATNA. 4. THE COLLECTOR,EAST CHAMPARAN AT MOTIHARI. 5. THE DEPUTY COLLECTOR, LAND REFORMS, SIKARHANA AT MOTIHARI, DISTRICT EAST CHAMPARAN. 6. CHHAKAN MAHTO, SON OF GULI MAHTO. 7. YOGENDRA MAHTO, SON OF RAJA RAM MAHTO, O.P. 6 TO 7 RESIDENT OF VILLAGE & P.O. LAUKHAN, MAHIMA MAHTO TOLA, P.S. GHORASAHAN, DISTRICT EAST CHAMPARAN----RESPONDENTS O.P.(2ND PARTY.) ----------- 04. 29.07.2009. This application is for restoration of Civil Review No. 234 of 2007, which stood dismissed due to non-compliance of the pre-emptory order dated 15.4.2008, which directed for removal of defect nos. 1 to 3 as pointed out by the Stamp Reporter within two weeks with direction that if it was not done within the time, the application would stand rejected without further reference to a Bench. Learned counsel for the petitioner submits that petitioner was engaged in the treatment of his cousin brother, who ultimately died during treatment, and could not appear in compliance of the pre-emptory order. Learned counsel says that he is ready to comply the pre-emptory order within a short period if so directed. In the facts and circumstances, feeling satisfied over the reason for the delay in filing the restoration application, we hereby allow the restoration application and Civil Review No. 234 of 2007 is ordered to be restored to its original file with the condition precedent. Rajesh/ (C.M.Prasad, J.) (V.N.Sinha,J.) - 2 -