IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1597 of 2008 ABU SHAMA @ ABU SHAHMA Versus BIBI FARHAD ARA & ORS With C.R. No. 1621 of 2008 ABU SHAMA @ ABU SHAHMA Versus BIBI FARHAD ARA & ORS -------- 2 22/9/2008 Heard counsel for the plaintiff petitioner. These two civil revision applications are directed against the order of the court below dated 17.1.2008 passed in Misc. Case No. 18 of 2007 and also the subsequent order dated 21.7.2008 rejecting the review application against the aforementioned order in the context of dismissal of Title Suit no. 2 of 2005 for default by an order dated 05.10.2007. Though, laches and default on the part of the petitioner is writ large on the face of records and in fact even conducting of the case leading to filing of miscellaneous application or review application was done in a very very shobby manner. This Court would also not find any error in the approach of the court below which has found such negligence on the part of the petitioner both in filing his 2 restoration application without medical certificate as also submitting a wholly careless deposition by way of examination- in-chief. The effort of Mr. Jha, learned counsel is still come out with plea as if the petitioner was not at fault, is at least not borne out from the records of this case read in the context of the two impugned orders. This Court however would accept the last plea of the counsel for the petitioner that restoration of the suit dismissed for default would secure the ends of justice and would not be detrimental to the interest of the defendant opposite parties as they had not been appeared when the suit was dismissed for default. Such statement however has not been made in the petitioner this Court would allow there two applications taking into account that the petitioner has been partly penalized by way of moving this Court against the orders dismissing the suit for default. This Court would accordingly allow the prayer for restoration of the suit of the petitioner 3 by setting aside the impugned orders provided the petitioner pays a sum of Rs. 2,500/- by way of cost to the defendants, in a period of one month from the date of receipt/production of a copy of this order. With the aforementioned observations/ directions both the applications are allowed. ( Mihir Kumar Jha, J. ) Abhay Kumar