IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.4189 of 2009 1. Smt. Surya Kala Jha, w/o late Rama Kant Jha. 2. Shri Sachchidanand Jha, S/o Late Rama Kant Jha. 3. Shri Yugal Kishore Jha, S/o late Rama Kant Jha. All are resident of village- Chakjado, P.S. Patepur, District- Vaishali. …..Appellant…Petitioners. Versus 1. Kaushal Kishore Jha 2. Arun Kumar Jha 3. Sunil Kumar 4. Sushil Kumar Sons of Chandra Shekhar Jha 5. Mostt. Bela Devi, W/o Chandra Shekhar Jha. 6. Keshwar Mahto, son of Bathoo Mahto 7. Dorik Mahto, son of Bhatho Mahto 8. Matukdhari Ray, son of Prayag Ray 9. Ramashray Rai, son of Ramswaroop Rai All are residents of village- Chakjado, P.S. Patepur, District- Vaishali. ……Respondents/Opp. parties. ----------- 05- 3.8.2011 Heard learned counsel for the petitioners. This application has been filed for recall and/or modification of the order dated 6.9.2004, passed in F.A. No.208 of 1974, for the non-compliance of which the appeal stood dismissed. 2. We have perused the materials on record and considered the submissions of the learned counsel for the petitioners. The learned Lawazima Board has granted time to the appellant in the appeal on 1.7.2004, to remove the defect. Not having been removed, it was placed before the 2 Bench. By order dated 6.9.2004, four weeks’ further time was granted to remove the defect subject to deposit of costs of Rs.500/- failing which the appeal was to stand dismissed without further reference to the Bench. The order was not complied with leading to dismissal of the appeal. This appears to be a case of gross negligence and burdens this Court with a most unwanted matter. However, as a matter of extraordinary indulgence, we modify the order dated 6.9.2004, passed in the appeal, and grant further time of four weeks from today with further cost of Rs.500/- to be deposited with the High Court Legal Services Committee, Patna, within the same period, failing which this application shall stand rejected without further reference to the Bench. 3. This M.J.C. application is accordingly disposed of. (S K Katriar, J.) S.K.Pathak/