IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1686 of 2008 SHANKAR MANDAL & ORS Versus SHANTI DEVI & ANR ----------- 3. 10.12.2008 This MJC has been filed on 11.7.2008 for restoration of MJC No. 610 of 2006 which was dismissed on 4.5.2006 on account of non- prosecution as nobody had appeared on behalf of the petitioner/appellant. The said MJC No.610 of 2006 had itself been filed for restoration of S.A. No. 272 of 2004 which had been dismissed due to non-compliance of peremptory order dated 5.1.2006 as passed therein. Thus, this MJC case has been filed after lapse of the period of more than two years of dismissal of the MJC No. 610 of 2006. About the reason of the delay, the learned counsel for the petitioner/appellant submits that the mother of petitioner/appellant No.1 to 5 had died on 29.4.2006 and due to that the MJC could not be filed in time. But on consideration of the date of the death i.e. 29.4.2006 it appears that long period was available to the petitioner/appellant for filing this MJC even after necessary engagement regarding the death but any petition was not filed in time. There has been exorbitant delay i.e. the period exceeding two years in the filing of this MJC application and the delay is not being reasonably explained. In such view of the matters, I do not feel convinced about the grounds for restoration of MJC No. 610 of 2006 as shown Accordingly, this MJC No. 1686 of 2008 is dismissed. Ravi/- (C.M. Prasad, J.)