IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1391 of 2008 1. SIWAN MUNICIPALITY through Executive Officer, Siwan Nagar Parishad, Siwan. 2. Executive Officer, Siwan Municipal Board, Siwan. Versus 1. OM PRAKASH GUPTA, s/o. late Ramakant Gupta, r/o. Shardanand Bazar, P.O. Siwan, P.S. Siwan Town, District- Siwan. ----------- 3 28.01.2009 This M.J.C. application was filed on 23rd May, 2008 for restoration of Second Appeal No.182 of 2003 which stood dismissed on 02.02.2005 due to non- compliance of peremptory order dated 12.01.2005which directed for compliance of order within two weeks with a rider that if the compliance is not made within the period the S.A. would stand dismissed without further reference to a Bench. Since the peremptory order dated 12.01.2005 was not complied within two weeks the Second Appeal (182 of 2003) stood dismissed. This restoration application was filed on 23.04.2008 that is after a period of three years and two months. The statutory time prescribed for filing of such restoration application is 30 days as per Article 122 of the Limitation Act. In the application the petitioner has taken simple plea that the counsel for the petitioner was unwell 2 but any date of illness or the type of illness has not been explained. In this case the respondent has also appeared and protested the petitioners’ prayer by filing a counter affidavit and it was submitted on behalf of the respondent that any reasonable cause has been shown for the delay. Thus, finding that there is abnormal delay in filing of this restoration application and the reason for delay is not being explained, I do not feel impressed with the ground as taken place. Hence, this application stands dismissed. Mkr. (C.M. Prasad, J.)