IN THE HIGH COURT OF JUDICATURE AT PATNA C. REV. No.162 of 2007 BISHWANATH DUBEY Versus RADHE SHYAM SINGH & ORS ----------- 05/ 09.07.2008 Heard learned counsel for the petitioner and learned counsel for the opposite parties. This petition has been filed by defendant-appellant-appellant- petitioner for review of order dated 24.04.2007, by which this Court dismissed M. A. No. 77 of 2002, which was filed by the petitioner challenging order dated 30.08.2001 of the learned Additional District Judge II, Buxar, who rejected the petition for restoration of Title Appeal No. 19 of 1992 . Against the said order earlier Civil Revision No. 2158 of 2001 was filed but since it was done inadvertently it was allowed to be converted into M.A. No. 77 of 2002. When the said miscellaneous appeal was listed for hearing under Order 41 Rule 11 of the Code of Civil Procedure, learned counsel for the appellant took time for obtaining instruction from his client. Thereafter, when the appeal was listed on 23.06.2003, learned counsel for the appellant submitted that his client would be coming the following day i.e. 24.06.2003. Neither the appellant nor his counsel appeared in that appeal. During the pendency of the title appeal and miscellaneous appeal also it was specifically found that the appellant-petitioner was negligent at every stage of the case. In the said circumstances, this Court does not find any reason to review order dated 24.04.2007 passed in M.A. No. 77 of 2002. Accordingly, this civil review is dismissed. MPS/ ( S. N. Hussain, J. ) - 2 -