IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3361 of 2010 Ram Ekbal Sah, son of Keshwar Sah, resident of Village- Bhasar Machha, P.S. & District-Sitamarhi ----- Petitioner. Versus 1. Keshwar Sah, son of Panchanan Sah 2. Ram Sevak Sah, son of Keshwar Sah, resident of Village Bhasar Machha, P.S. + District- Sitamarhi. 3. Ram Rati Devi, wife of Ram Baran Sah, resident of Village- Balua Sarpalla, P.S. Jeleswar, District Moktari (Nepal) 4. Sita Devi, wife of Raja Ram Sah, resident of Village- Anhari, P.S. Riga, District- Sitamarhi ------------Opposite Parties. ----------- 3. 9.2.2011 Heard Mr. Ujjwal Kumar Mishra for the petitioner. This application under Section 151 of the Code of Civil Procedure has been filed by the appellant of Second Appeal No. 209 of 2002, for recall and/or modification of the order dated 6.8.2004, for the non-compliance of which the appeal automatically stood dismissed. We have perused the materials on record and considered the submissions of learned counsel for the petitioner. The issue was placed before the learned Lawazima Board on 25.3.2003, and, as prayed for by learned counsel for the appellant, time was granted to remove the defects. Not having been removed within the time so granted, it was laid before the Bench on 22.7.2003, 2.9.2003, 2 17.9.2003, 6.2.2004, and 16.2.2004, and lastly on 6.8.2004. In spite of such repeated opportunities given to the appellant the defect(s) was not removed. It is a case of extraordinary laches and negligence. We are not inclined to condone the same. This application is accordingly rejected. Vinay/ ( S. K. Katriar,J. )