IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.585 of 2008 THE ORIENTAL INSURANCE CO. LTD. Versus RAJESHWARI KUER & ORS ----------- 3/ 09-09-2008 This petition has been filed for restoration of Miscellaneous Appeal No. 100 of 2006 which stood dismissed for default due to non- compliance of order dated 21.11.2007 by which two weeks’ time was allowed to learned counsel for the appellant to take steps for fresh service of notice on respondent no. 3 under registered cover with A/D with present and correct address. On the basis of the averments made by learned counsel for the petitioner and the statements made in the petition it appears that the said order could not be complied within time due to unavoidable circumstances and was subsequently complied on 08.02.2008 but by then the time granted by this Court had elapsed. In this said circumstances this petition is allowed and Misc. Appeal No.100 of 2006 is restored to its original file and number. Let notices be sent to respondent mno.3 in the said appeal as requisites have already been filed by the appellant. B.Tiwary/ (S.N Hussain,J)