IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3295 of 2009 MUNESHWAR MAHTO, S/O LATE SRI RAMDHANI MAHTO, RESIDENT OF VILL- KEWAL DIH, P.S. NOORSARAI, DISTT. NALANDA ---Petitioner Versus 1. THE ESTATE OF LATE SRI JAGDEO MAHTO S/O LATE KARU MAHTO, RESIDENT OF VILL- KEWAL DIH, P.S. NOORSARAI, DISTT. NALANDA 2. MANGAL MAHTO S/O LATE BHABHICHAN MAHTO VILL- BHUDAUL, P.S. NOORSARAI, DISTT. NALANDA 3. SOBHI MAHTO S/O LATE BHABHICHAN MAHTO VILL- BHUDAUL, P.S. NOORSARAI, DISTT. NALANDA 4. JAGO MAHTO S/O LATE BHABHICHAN MAHTO VILL- BHUDAUL, P.S. NOORSARAI, DISTT. NALANDA 5. AKALU MAHTO S/O LATE BHABHICHAN MAHTO VILL- BHUDAUL, P.S. NOORSARAI, DISTT. NALANDA 6. GHERNI DEVI D/O LATE BHABHICHAN MAHTO VILL- BHUDAUL, P.S. NOORSARAI, DISTT. NALANDA. ---Opp. Parties ----------- 2. 19.4.2011 This application is for restoration of Miscellaneous Appeal No.436 of 2004, which was dismissed for non-compliance of the order dated 18th of January, 2008, whereby four weeks’ time was allowed for taking steps for service of notice on respondent no.6 by ordinary process as also by post under registered cover. However, the petitioner did not file the requisites within time and the same was filed on 26th of February, 2008 after expiry of the time, with the result the aforesaid appeal stood dismissed as against respondent no.6 Considering the submissions as also the grounds stated in - 2 - the application, this M.J.C. application is allowed and the connected Misc. Appeal No.436 of 2004 is restored to its original file. Since the requisites for service of notice on respondent no.6 has already been filed, let notices be issued. PNM (Shailesh Kumar Sinha, J.)