IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.(D.B.)241 of 2009 SHUKDEO PRASAD Versus RAJDEO MAHTO & ORS ----------- 3. 20.05.2009 This restoration application has been filed for restoration of MJC No. 2999 of 2008 which itself was a restoration application for restoration of Civil Review No. 234 of 2007 which stood dismissed on account of non- prosecution as nobody had appeared on behalf of the petitioner when the case had been called out for hearing. The learned counsel for the petitioner has taken plea that non-appearance of the petitioner in the said MJC No. 2999 of 2008 had occurred as a result of the mistake of the Munshi of the concerned lawyer who could not mark the list on that day for informing the leaned counsel appearing in the case. In the facts and circumstances of the case, we allow this restoration application (241 of 2009) but with the condition precedent of depositing a cost of Rs.500/- by the petitioner with the Patna High Court, Legal Services Committee within a period of one week from today. The depositing of the cost is a condition precedent for the restoration of the said MJC No.2999 of 2008 and in case of non-depositing of the cost, this order of restoration will automatically stand cancelled. After - 2 - depositing of the cost, the receipt be produced in the office within the stipulated period. (C.M. Prasad, J.) (V. N. Sinha, J.) Ravi/-