IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1385 of 2006 DHARMDEO YADAV & ORS . Versus RAJDEYAL YADAV & ORS . ----------- 9 1.9.2010 Heard counsel for the petitioners/appellants. The restoration application along with the limitation petition has been placed. The restoration application has been filed for restoration of First Appeal No.615 of 1956 which was dismissed on 13.3.1959. Thereafter the appellants of the case never filed any restoration application. In the year 2006 suddenly one of the legal heirs of the original appellants have filed restoration application. A limitation petition has also been filed for condonation of more than 40 years delay without explaining the reason, When the counsel appearing for unsubstituted legal heirs of the then appellants was asked about the exact date of death of the appellants, he prayed for some time for filing supplementary affidavit. Supplementary affidavit has been filed stating that appellant no.1 died on 25.5.1995 and appellant no.2 died on 15.12.2000. I fail to understand why restoration application was not filed by the original appellants since 2 1959 till the date of their death. No reason has been assigned for not filing any restoration application by original appellants, for so many years. There is no reason for condoning the delay and allowing the restoration application. Both petitions are dismissed. Akumar ( Mridula Mishra, J.)