IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.335 of 2009 RAMA NAND PANDIT & ORS Versus THE STATE OF BIHAR & ORS ------- For the Appellants : Ms. Sushmita Mishra For the State : M/s V.M.K. Sinha,SC3, & D. Chowdhary, AC For Respondents : M/s Shrinandan Pd. Singh No.2 & 3 & Ashok Kr. No.1 4 25.11.2009 Heard the parties and perused the order under appeal dated 26th February, 2009. By that order MJC no. 128 of 2009, which was for restoration of Civil Review no.219 of 2007 dismissed for non-appearance of the counsel on 06th January, 2009, was dismissed on the ground that no case for recall of the order was made out. Learned counsel for the appellant has drawn our attention to the averments made in paragraph 4 of MJC no. 128 of 2009 and has submitted that there is an specific averment that the case, that is Civil Review no.219 of 2007, was listed for admission on 06th January, 2009 but the case could not be marked in the cause list and in the evening while again checking the cause list it was detected that the case was 2 listed and when the case did not appear in the cause list on the next date then it was found out that it had stood dismissed for non-appearance of the counsel. We are of the view that reasonable cause has been shown for restoration of Civil Review no.219 of 2007 which was dismissed not on merits but for non-appearance of the counsel which has been explained in MJC no.128 of 2009. Hence, the prayer made in MJC no. 128 of 2009 for restoration of Civil Review no.219 of 2007 is allowed. This appeal is allowed to that extent. Let the Civil Review be now listed before appropriate Bench without any delay. (Shiva Kirti Singh, ACJ.) (Shyam Kishore Sharma, J.) AAhmad