IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.505 of 2009 1. Indrajit Rai 2. Chandrajit Prasad 3. Sujit Kumar 4. Ranjit Kumar, sons of Asharfi Rai, resident Bahadurpur, P.S. Samastipour, Dist. Samastipur ----- Appellants ------ Petitioners. Versus 1. The State of Bihar 2. The Executive Officer, Nagar Parishad, Samastipur 3. The Municipal Commissioner, Samastipur Nagar Parishad ----- Respondents Ist Set – Respondents. 4. Rajiv Kumar son of Rajendra Prasad Sah, Resident of Village- Jitwarpur Kumhira, P.S. Sarai Ranjan, Distt. Samastipur., at present Gola Road under town Samastipur P.S. and District-Samastipur ----- Petitioner/Opp. Parties. ------------ 3. 1.9.2009 Heard learned counsel for the petitioners. In view of non- compliance of the order dated 10.7.2008, passed in L.P.A. No. 502 of 2008, the appeal stood dismissed. The appellants filed M.J.C. No. 2892 of 2008, which was allowed by order dated 22.12.2008, and the appeal was directed to be restored subject to the petitioner complying the said order dated 10.7.2008, passed in the said appeal by 23.12.2008. The order was once again not complied with as a result of which the appeal stood automatically dismissed. The petitioner has filed the present restoration application. According to the established practice of this Court, second restoration application for the same cause of action is not maintainable. Secondly, narration of facts discloses that the petitioner is negligent burdening this Court with most unwanted matter. We are not inclined to allow this application. It is accordingly dismissed. Vinay/ ( S. K. Katriar ,J. ) ( Shyam Kishore Sharma, J.)