IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2543 of 2008 MOSTT.LAL KESHWARI DEVI & ORS. Versus MUNDRIKA SINGH & ORS. ----------- 03/ 30.09.2008 This petition has been filed for restoration of Second Appeal No. 497 of 1998, which stood dismissed for default due to non- compliance of order dated 24.08.2006 by which notices were directed to be sent by ordinary process to the respondents. Learned counsel for the petitioners-appellants submits that initially there were 22 respondents, whereas respondent nos. 23 and 24 were subsequently added by pen in the memorandum of appeal. He further submits that inadvertently notices were sent to the respondents within time as per the uncorrected copy of memorandum of appeal, which was with learned counsel for the petitioners-appellants and hence, the said mistake occurred. Considering the averments made by learned counsel for the petitioners-appellants and the statements made in the petition, it appears that genuine reasons have been shown due to which notices could not be sent to respondents no.23 and 24. Hence, this petition is allowed and Second Appeal No. 497 of 1998 is restored to its original file and number. However, this order will be subject to the petitioners-appellants taking steps in the second appeal for issuance of notice by ordinary process on respondent nos.23 and 24 by 17th of October, 2008. harish (S. N. Hussain, J.)