IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1572 of 2010 1. YUGESHWAR PRASAD SINGH SON OF LATE MUNESHWAR PRASAD SINGH 2. LAKSHMI DEVI WIFE OF LATE CHANDESHWEAR PRASAD SINGH. 3. PARMESHWAR PRASAD SINGH SON OF SRI YUGESHWAR PRASAD SINGH. ALL ARE RESIDENT OF VILLAGE HARDIYA, TOLE MILKI, P.O. HARDIYA, P.S. SINGHIA, DISTRICT SAMASTIPUR. Versus 1. THE STATE OF BIHAR THROUGH THE ADDL. MEMBER, BOARD OF REVENUE, PATNA. 2. THE COLLECTOR, SAMASTIPUR. 3. THE SUBDIVISIONAL OFFICER,ROSERA,DISTRICT SAMASTIPUR. ---- 2. 29.1.2010. Petitioners are aggrieved by the order dated 5.11.2009 where under Board of Revenue has refused to restore the Revision Case No.2 of 2006, which was dismissed for default on 1.7.2009 on the ground that earlier also the revision application was dismissed for default on 7.8.2007 and 31.1.2008. It is submitted on behalf of the petitioners that on account of unavoidable circumstances the lawyer could not appear to press the revision application on 7.8.2007 and 31.1.2008 and the aforesaid revision case was dismissed, but later the Board of Revenue appreciating the circumstances in which the application was dismissed restored the application. On the 3rd occasion i.e. 1.7.2009, the counsel for the petitioners again did not appear as he could not be informed by his clerk about the date of appearance as the clerk had become ill and was hospitalized. It appears the revision application of the petitioners was dismissed for default for the failure on the part of the lawyer and his clerk. On account of the failure of the lawyer and the clerk, the - 2 - N.H./ client should not be allowed to suffer and appreciating such fact this Court directs the counsel for the petitioners to pay a cost of Rs.2,000/- in the High Court Legal Services Committee by Wednesday i.e. 3.2.2010 and thereafter to produce the receipt showing such deposit before the Board of Revenue along with a copy of this order. In the light of the said deposit, the Board of Revenue should recall the order dated 5.11.2009 and give one last opportunity to the counsel for the petitioners to press the revision application on the date fixed by the learned Additional Member, Board of Revenue. It is made clear that on the date fixed by the learned Additional Member, Board of Revenue, if counsel does not press the revision application, it shall be open for the Board of Revenue to dismissed the revision application. The writ application is, accordingly, disposed of. ( V.N. Sinha,J.)