IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1790 of 2008 SRI MAHADEO JHA Versus KRISHNA NANDAN SINGH & ORS ----------- 4. 11/12/2008 It appears that the appeal was dismissed twice earlier due to non-compliance of the order of this Court. However, the same was restored. Thereafter, appeal was listed for hearing on 24.6.2008 which was dismissed on account of non- appearance of learned counsel for the appellant. This MJC application has been filed to recall the said order dated 24.6.2008 and restore the appeal to its original file. It is stated that on that day when the case was listed for hearing, learned counsel for the appellant was ill and therefore, he could not come to Court and appeal was dismissed. As the personal difficulty of learned counsel for the appellant has been made a ground in the MJC application, the same is allowed. However, it is admitted that the appeal was earlier twice dismissed due to non-compliance of the peremptory order of this Court. Hence, this Court imposes cost of Rs.1000/- on the appellant to be paid to learned counsel for the - 2 - respondents and receipts be filed within four weeks. Upon filing of such receipt, the order dated 24.6.2008 shall stand recalled and appeal shall stand restored to its original file. Pradeep/ (J. N. Singh, J.)