IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3042 of 2008 UTTIM KUMAR Versus HAJARI SAO ----------- 3 13.01.2009 I.A. No. 38 of 2009 has been filed for condonation of delay in filing of this MJC application which has been filed for recall of the order dated 12.8.2008 passed in MA No. 33 of 2007 by which the appeal stood dismissed for non-prosecution. It is stated in the condonation application as well in the MJC application that due to inadvertence the case could not be marked in the list and therefore, learned counsel for the appellant could not appear in the case on the next date when it was called out. It is stated that after he came to know about the dismissal of the appeal he immediately took steps for its restoration by filing the present MJC application. Since it was beyond time he has also filed the said I.A. for condonation of delay. Considering the facts and circumstances and the reasons stated in the I.A. application, the delay in filing the MJC application is condoned. The MJC application 2 is also allowed. The order dated 12.8.2008 passed in MA No. 33 of 2007 is recall and the MA No. 33 of 2007 is restored to its original file. Arvind/ ( J. N. Singh , J. )