IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3759 of 2009 1. Raj Kumar Jaiswal 2. Basant Kumar Jaiswal 3. Pawan Kumar Jaiswal, All sons of Late Gopal Prasad Jaiswal, resident of Mohalla- Bekapur in the town of Munger, Police Station- Kotwali, District Munger … (Defendants)- Appellants Versus 1. Uma Shankar Jaiswal, son of Late Narain Prasad Jaiswal, Resident of Mohalla- Bekapur in the town of Munger, Police Station- Kotwali, District Munger …. ….. (Plaintiff)- Respondent 1st party 2. Ram Jaiswal 3. Om Shankar Jaiswal, Both sons of Late Narain Prasad Jaiswal, resident of Mohalla- Bekapur in the town of Munger, Police Station- Kotwali, District Munger 4. Smt. Lakshami Kumari Chaudhary, wife of Shri Ashok Kumar Chaudhary and daughter of Late Narain Prasad Jaiswal, resident of Mohalla- Maksarpur, Police Station- Kasim Bazar, District Munger 5. Smt. Parvati Jaiswal, wife of Shri Vinod Kumar Jaiswal, Resident of Mohalla- Godda Bazar, Post/ Police Station and District- Godda (Old Santhal Pargana) ....(Defendants 1st party)-Respondents 2nd Party 6. Krishna Narain Jaiswal, son of Late Hriday Narain Jaiswal 7. Smt. Raj Kumari Jaiswal, wife of Late Jyotindra Narain Jaiswal 8. Jai Prakash Jaiswal 9. Ved Prakash Jailwal, Both sons of Late Jyotindra Narain Jaiswal, All Nos. 6 to 9 resident of Mohalla- Deep Nagar, Mansoorganj, Police Station- Bhagalpur Kotwali, District Bhagalpur ….. (Defendatns 2nd party)-Respondents 3rd party 10. Smt. Meena Devi, wife of Shri Gopal Prasad Jaiswal, resident of Mohalla- Bekapur Police Station- Kotwali (old town P.S.), District Munger … (Defendants 3rd party)- Respondents 4th party 11. Niranjan Kumar Singh 12. Manoj Kumar Singh Both sons of Ayodhya Prasad Singh, resident of village Tetariya, Post and Police Station- Mehrama, District- Godda (Old Santhal Pargana) 13. Shyam Hembram 14. Tala Hembram, Both sons of Hupan Hembram, resident of village- Minjumla, Post- Arar, Police Station- Sanokhar, District Bhagalpur .. (Defendant 4th party)- Respodents 5th party ………………… Respondents ----------- 05/ 27.07.2011 Defects pointed out in the restoration 2 application is ignored. In appreciation of the grounds taken in support of the restoration application filed for restoring First Appeal No. 101 of 2004, which was dismissed on account of non-compliance of the peremptory order dated 20.3.2009 passed in the said appeal, I not only ignore the defects pointed out in the restoration application, but also proceed to restore First Appeal No. 101 of 2004 to its original file and number on payment of cost of Rs. 2,500/- to the counsel for the Respondents, Sri S.A. Ahmad on or before 16.8.2011, failing which the said appeal shall again stand dismissed for default. The restoration application is, accordingly, disposed of. Arjun/ ( V. N. Sinha, J.)