IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15650 of 2005 1. Sandip Auto Service through its Proprietor, Suresh Prasad Mandal, son of late K P Mandal at Hridayaganj Kolashi Road, Mirchaibari, Katihar (Bihar) – 854 105 2. Suresh Prasad Mandal, son of late K P Mandal, Priprietor of sandeep Auto Service, Mirchaibari, Katihar 3. Smt. Rekha Devi wife of Shri Suresh Prasad Mandal, owner of Tank Lorry No. BR -39/4412, Mirchaibari Chowk, PO & PS Katihar, District Katihar -854 105 …. Appellants - Petitioners Versus 1. The National Insurance Co.Ltd. through its Managing Director, Registered Officer 3, Middle Stone Street, Kolkata – 700 071 (a Subsidiary of General Insurance Corporation of India). 2. Branch Manager, Katihar Branch of National Insurance Company Limited, Vaishali Complex, 1st floor, Dr. Rajendra Prasaad Path, Katihar -854 105 3. Sri S K P Singh, Collecting Agent, of the Premium on behalf of National Insurance Company Limited, Kolkata … Respondents/Respondents ---------------------------------- 02- 2/12/2011 Heard Mr. Rajendra Prasad, learned Senior Advocate for the petitioners, and Mr. Ashok Priyadarshi, learned counsel for respondents no.1 and 2. This application has been filed for quashing the order dated 5.8.2005 rejecting the application of the petitioners for restoration of their Appeal No.406 of 2004, by which the same has been dismissed on the ground that the affidavit was not affirmed by the Advocate but by his Clerk. 2. After going through the order impugned dated 5.8.2005, this Court feels that the ground for dismissal of the restoration application is totally untenable. Accordingly, the order dated 5.8.2005 is set 2 aside, the appeal is restored to its original file with the direction that the same be heard and disposed of after giving an opportunity to the parties concerned to defend their case. 3. Accordingly, the writ petition stands allowed. mrl ( Ahsanuddin Amanullah, J.)