IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1539 of 2009 1. SIYA DEVI, wife of Late Parma Nand Singh. 2. Bijendra Singh. 3. Jitendra Singh, 4. Upendra Singh, All Sons of Late Parma Nand Singh. 5. Indra Devi. 6. Meena Devi. Both Daughter of Late Parma Nand Singh. All Resident of Village and Post Office- Amlauri, Police Station- Siwan Muffasil, District- Siwan :-- Defendants-Appellants-Petitioners. -Versus- 1. Rabindra Nath Singh, Son of Late Babu Nag Narayan Singh, resident of Village+Post Office- Amlauri, Police Station- Siwan Muffasil District- Siwan :--- Plaintiff-Respondent-Opposite Party 2. Radha Charan Singh, Son of Late Jang Bahadur Singh. 3. Hari Charan Singh. 4. Lal Babu Singh. Both Sons of Ram Nagina Singh. 5. Krishna Singh, Son of Chandrika Singh. 6. Parmahanth Singh @ Parmanand Singh, Son of Late Gulabo Devi Grand Son of Late Ram Ekbal Singh 7. Smt. Pushpa Devi, Daughter of Late Parsuram Singh. All residents of Village and Post Office- Amlauri, Police Station- Muffasil, Siwan, District- Siwan. 8. Smt. Parvati Devi, Daughter of Late Ram Ekbal Singh, Wife of Nawal Kishore Rai. 9. Surendra Singh, Son of Late Kapildeo Singh. 10. Arun Singh. 11. Bijay Singh. 12. Ajay Singh. All sons of Late Surajdeo Singh. 13. Vishwa Nath Singh. 14. Sheo Nath Singh. Both Sons of Hardeo Singh. 15. Smrita Kuer, Wife of Late Maheshwar Singh. 16. Madhwendra Singh, Son of Late Maheshwar Singh. 17. Chandeshwar Singh. 18. Tajeshwar Singh. Both Sons of Late Rajendra Singh. 19. Bhagwati Kuer, Wife of Late Bhuneshwar Singh. 20. Rakesh Singh. 21. Rajesh Singh. Both sons of Late Bhuneshwar Singh. 22. Shiv Kumari. 23. Binda Kumari. 24. Nilu Kumari. 25. Sabita Kuer. All daughter of Late Bhuneshwar Singh. All resident of at present- Village and Post Office- Amlauri, Police Station- Siwan Muffasil, District- Siwan:-- Defendants-Respondents-Opposite Parties. - 2 - ======== 4. 14.10.2009. On account of failure to fully comply Order No. 21 dated 17.03.2009 passed in First Appeal No. 473 of 1995 said appeal has been dismissed for default as against the heirs of deceased respondent nos. 7,11 and 17. 2. It is submitted on behalf of the petitioner that the default was not deliberate which is accepted by the counsel for the respondents. 3. Considering the aforesaid submission as also the fact that belatedly full compliance of the order dated 17.03.2009 has also been made on 4.5.2009, First Appeal No. 473 of 1995 is restored to its original file as regards the substituted heirs of deceased respondent nos. 7,11 and 17. 4. The restoration application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)