IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3013 of 2010 =================================================== Deo Chandra Mishra son of late Bhavadeo Mishra, resident of village and P.O. Maharail, P.S. Andhrathari, District Madhubani .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Secretary, State Language Department, Government of Bihar, Patna 3. The Director, State Language Department, Government of Bihar, Patna .... .... Respondent/s =================================================== 6 14-10-2011 We are not satisfied with the explanation because it appears that the counsel Mr Dipak Kumar did not attend court on more than one occasion leading to dismissal of LPA No.633 of 2002 for non- prosecution for the second time on 13th July, 2010. It has been undertaken on behalf of Mr Dipak Kumar, Advocate that he shall not commit such default in future and in case the appeal is dismissed for default, this order shall be brought to the notice of the Court to ensure that no restoration is allowed in future unless an exemplary cost of Rs.25,000/- is paid. In view of aforesaid stand on behalf of the petitioner, the prayer for restoration is allowed and LPA No.633 of 2002 is restored to its original file. Let a copy of this order be kept on record of Patna High Court MJC No.3013 of 2010 (6) dt.14-10-2011 2 LPA in view of facts noticed above. sk (Shiva Kirti Singh, J) (Shivaji Pandey, J)