IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1925 of 2009 M/S BIHAR TRADING AGENCY & ORS Versus AMRENDRA NATH GUPTA & ORS ----------- 6 18.01.2011 I.A. No. 1918 of 2011 I.A. No. 1918 of 2011 is filed for condoning the delay in filing of M.J.C No. 1925 of 2009 for restoration of Civil Revision No. 1959 of 2005 which was dismissed for non-prosecution on 27.11.2007. It is submitted that the cause list of this Court for the date in question could not be marked and as such no body appeared on behalf of the petitioner and the Civil Revision Application No.1959 of 2005 was dismissed for non-prosecution. The petitioner could learn about the above dismissal in the court below when an application was filed by the opposite party to the above effect. Learned counsel appearing on behalf of the opposite party submits that this application has been filed after good delay. Considering the submissions of the parties and grounds stated in the Interlocutory Application no. 1918 of 2011, the prayer of condoning the delay in filing the restoration application is allowed and at the same time the grounds stated in support of restoration is also allowed. Accordingly the Civil Revision No. 1959 of 2005 2 is restored to its original file, however, the condition of payment of cost of Rs. 250 to the learned counsel for the opposite party. The Receipt showing payment may be filed by day after tomorrow. Amrendra/ (Shailesh Kumar Sinha, J.)