IN THE HIGH COURT OF JUDICATURE AT PATNA --- MJC No.464 of 2008 --- THE STATE OF BIHAR THROUGH EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, MADHUBANI …………….. APPLICANT -Versus- 1.MAHENDRA PRASAD S/O LATE JANKI PRASAD 2.CHAMPA DEVI D/O LATE JANUI PRASAD, BOTH RESIDENT OF VILLAGE – SITAPATTI, P.O. – AHIYAPUR, DISTRICT – GOPALGANJ AT PRESENT RESIDENT OF MOHALLA – BHOURRA, WARD NO.20, KOTWALI CHOWK, P.S. MADHUBANI, DISTRICT – MADHUBANI. ……………………RESPONDENT 1ST SET. 3. TREASURY OFFICER, MADHUBANI 4. ACCOUNTANT GENERAL, BIHAR, PATNA …………………….RESPONDENT 2ND SET. ----------- For the petitioner: Mr. Sunil Kumar Karn, JC to AAG -VI For the respondents : None --- P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 25th September, 2008 By this restoration application, the applicant prays for restoration of letters patent appeal, which was dismissed in default on 12th December, 2007. The restoration application suffers from delay of 32 days. 2. For the reasons stated in the application for condonation of delay, we are satisfied that the applicant was prevented by sufficient cause in filing the application in time. 2 3. We considered the restoration application. 4. Since the restoration application came to be dismissed at the threshold without notice to respondents, for the reasons stated in the restoration application, we restore the letters patent appeal to its original number. 5. Restoration application (MJC) and IA. No.5921 of 2008 stand disposed of. R. M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/