IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1150 of 2008 KHIRODHAR CHOUDHARY @ KHIRODHAR MALLAH, S/O.late Rohan Choudhary, r/o. village- Bala Bigha, P.S. Telhara, (Ekanger Sarai), Distt. Nalanda. ---------- Petitioner. Versus 1. BABAN SINGH, 2. Butai Singh, both sons of Jagdeo Singh, r/o. village-Balabigha, P.S. (Ekangersarai), Telhara, Distt. Nalanda. -------- O.Ps. 3 26.11.2008 This M.J.C. application has been filed on 6.05.2008 for restoration of M.J.C. No.1801 of 2006 which itself was a restoration application for restoration of S.A. No.267 of 1997 and which (M.J.C. No.1801 of 2006) was dismissed on 9.05.2007 as nobody had appeared to argue the case even after repeated calls. It appears from the record that the M.J.C. No.1801 of 2006 was dismissed on 9.05.2007 and this M.J.C. has been filed on 6.05.2008 that is after nearly one year. Thus, there is exorbitant delay in filing of this M.J.C. There is no reasonable explanation for delay. The simple ground taken in this M.J.C. 2 application is that the learned counsel for the petitioner could not mark the list, hence, he could not appear in the said M.J.C. No. 1801 of 2006 which had been dismissed due to non- appearance of the petitioner there on the date. Be that as it may, the grounds are not satisfactory to explain the delay and there has been exorbitant delay in filing of this M.J.C. application. In the circumstance, I find no ground to accept the prayer for restoration of this application. This case is accordingly dismissed. Mkr. (C.M. Prasad, J.)