IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1061 of 2008 NIRMALA DEVI Versus RANJEET KUMAR MAHTO & ORS ----------- 3/ 03-09-2008 This petition has been filed for restoration of Civil Revision No. 2302 of 2005 which stood dismissed for default due to non-compliance of peremptory order dated 19.02.2008 by which one week’s time was granted to the learned counsel for the petitioners to take steps for fresh service of notice upon Opposite Party No. 2(b)(i) to 2(b)(v) as well as Opposite Party Nos. 2( c ) and 2(d). Although learned counsel for the petitioner has shown some reasons which appear to be genuine for non-compliance of the said order, but learned counsel for the opposite parties vehemently opposes the contentions of learned counsel for the petitioner and submits that after obtaining an interim order of stay dated 11.08.2006, the petitioner intentionally started ignoring the orders of this Court and earlier also the case was dismissed for default due to non-compliance of a peremptory order dated 02.02.2007 but thereafter the Civil Revision petition was restored vide order dated 07.08.2007 passed in M.J.C.No.1246 of 2007. He submits that thereafter he has again defaulted in compliance of the other order of this Court. Learned counsel for the petitioner submits that the said order has been complied on 02.04.2008 although belatedly. Considering the facts and circumstances of the case this petition is allowed and C.R.No. 2302 of 2005 is restored to its original file and number. However, this order will be subject to cost of Rs. 500/- to be - 2 - paid by the petitioner to Mr. Subodh Kumar, Advocate for Opposite Parties, within one month. B.Tiwary/ (S.N Hussain,J)