IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2244 of 2008 Ramji Singh Chauhan, son of late Ram Bahadur Singh, resident of Flat No.303, Ramayan Apartment, J.P. Das Lane, New Dak Bunglow Road, Patna; at present Director, Best Pile Foundation as well as Aparna Nirman Sahkari Samiti Limited, P.S. Gandhi Maidan, Distt.- Patna. ...Appellant/Petitioner. Versus 1. The State of Bihar through the Secretary, Urban Development Department, Government of Bihar, Patna. 2. Patna Municipal Corporation through Town Commissioner, Patna. 3. The Town Commissioner, Patna Municipal Corporation, Patna. ...Respondents/opposite parties. ----------- 03- 18.05.2009 Heard learned counsel for the petitioner. This application has been filed by the appellant of L.P.A. No.260 of 2008 (Ramji Singh Chauhan Vs. The State of Bihar and others) for recall of the order dated 19.8.2008, whereby the appeal stood dismissed for default. 2. We have perused the materials on record and considered the submissions of learned counsel for the parties. It appears that the appeal was taken up on 2.7.2008, on which date, as prayed for by learned counsel for the appellant, the case was adjourned for one week. By order dated 24.7.2008, as prayed for on behalf of learned counsel for the appellant, the appeal was adjourned for three 2 weeks. The matter was again taken up on 18.9.2008, and on account of non-appearance of learned counsel for the appellant, the appeal stood dismissed for default. It appears that it is a case of gross negligence and cannot be countenanced. We are not inclined to allow this restoration application. 3. This restoration application is accordingly rejected. (S K Katriar, J.) (Kishore K. Mandal, J.) S.K.Pathak/