IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3278 of 2008 BINOD KUMAR SINGH, SON OF LATE RANDHIR PRASAD SINGH, RESIDENT OF VILLAGE KUMARDOVE, P.O.DIGHI SIWANPUR, P.S. MEHERMA, DISTRICT GODDA (JHARKHAND), AT PRESENT POSTED DR. REJENDRA PRASAD JAWAN BHAWAN-CUM- SAINIK BAZAR, MAIN ROAD RANCHI. ……PETITIONER-APPELLANT Versus 1. THE UNION OF INDIA, THROUGH THE SECRETARY, MINISTRY OF DEFENCE, GOVT. OF INDIA, NEW DELHI. 2. THE OFFICER, INCHARGE RECORDS, THE BIHAR REGIMENT, DANAPUR CANTT. P.S.+ P.O. DANAPUR DISTRICT PATNA 3. THE DEPUTY COMMANDANT, THE BIHAR REGIMENT DANAPUR CANTT. P.O.+P.S. DANAPUR CANTT. DISTRICT- PATNA. 4. THE QUARTER MASTER, THE BIHAR REGIMENTAL CENTRE, DANAPUR CANTT. P.O.+ P.S. DANAPUR CANTT. DISTRICT- PATNA. 5 THE SUBEDAR (CLERK) S.P.KARKETTA, FATHER NOT KNOWN TO THE PETITIONER, SERVING WITH RECORD, THE BIHAR, REGIMENT DANAPUR CANT. P.O.+P.S.DANAPUR CANTT. DISTRICT-PATNA. 6. THE SUBEDAR (CLERK) SUMER SINGH FATHER NOT KNOWN TO THE PETITIONER, SERVING WITH RECORDS, THE BIHAR REGIMENT, DANAPUR CANTT. P.O.+ P.S. DANAPUR CANTT. DISTRICT-PATNA. 7. THE SUBEDAR(CLERK) MD. OSAID, FATHER NOT KNOWN TO THE PETITIONER SERVING WITH RECORDS, THE BIHAR REGIMENT, DANAPUR CANTT. P.O.+ P.S. DANAPUR CANTT. DISTRICT-PATNA. ….RESPONDENTS 3. 31.03.2009 Heard Mr. Shailendra Kumar Singh for the petitioner, and Mr. S.K.Sharma for the opposite parties. This application has been filed for modification of the order dated 29th July, 2008, passed in L.P.A.No.520 of 2008, for non- compliance of which the appeal stood dismissed. We have perused the materials on record and considered the submissions of the learned counsel for the - 2 - parties. It appears that by the said order dated 29.7.2008, the Division Bench has directed the appellant to file requisites etc. within a period of one week for issuance of notices and the same was not filed within the time granted by the Bench and instead filed on 28.11.2008. We do not find any justification for this negligence. This Court is not inclined to allow this application. It is accordingly dismissed. hr ( S. K. Katriar ) ( Kishore K. Mandal )