IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.4410 of 2010 Basdeo Singh & Anr. Versus Paras Nath Singh & Ors. --------- For the Petitioner : Mr. Vardhan Narayan, Advocate For Opp. Parties : Miss Sangh Mitra Ghosh, Advocate --------- 03/ 17.08.2011 Heard learned counsel for the petitioners and learned counsel for the opposite parties. 2. This petition has been filed by the petitioners for restoration of S.A. No. 301 of 2009, which was dismissed for default due to non-compliance of peremptory order of this Court dated 29.04.2010, by which two weeks’ time was allowed to the petitioners to remove all the defects of stamp report dated 17.09.2009. 3. Learned counsel for the opposite parties vehemently opposes the contention of learned counsel for the petitioners and submits that the petitioners are habitual defaulters as stamp report was made on 17.09.2009 but they did not remove the defects. She further submits that the Lawazima Board also directed the petitioners to remove the defects vide order dated 04.11.2009, but the said order of the Lawazima Board was not complied. She also argues that the case was listed before a Bench of this Court and two weeks’ peremptory time was granted to the petitioners vide order dated 29.04.2010 to remove the said defects, but the petitioner did not comply even that order. Hence, she states that this petition is fit to be dismissed as no ground for restoration is made out. 4. From the averments made by learned counsel for the - 2 - parties and the statements made in this petition, it transpires that in the daily cause list dated 29.04.2010, the name of learned counsel for the petitioners was wrongly typed and hence when the petitioner got the list checked up online, he did not find out his name and his Clerk also overlooked the case inadvertently for the said reason. 5. In the aforesaid facts and circumstances, this Court finds some genuineness in the claim of the petitioners and, accordingly, this petition is allowed and S.A. No. 301 of 2009 is restored its original file and number. However, this order will be subject to compliance of the said order dated 29.04.2010 passed in S.A. No. 301 of 2009 within one week. Furthermore, this order will be subject to payment of cost of Rs.1,000.00 (Rupees one thousand ) by the petitioners to Miss Sangh Mitra Ghosh, learned counsel appearing for the opposite parties within one month. MPS/ (S.N.Hussain, J.)