IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.123 of 2008 PRABHUNATH DWIVEDI Versus THE STATE OF BIHAR & ORS ----------- 4 16.07.2008 This restoration application has been filed on 11th January 2008 praying for restoration of C.W.J.C.No. 5115 of 2004 which was dismissed on 10th May 2005, on account of non-prosecution, as nobody had appeared to press the petition. This application has been filed after a lapse of a period of 2 years and 8 months. The plea taken by the petitioner is that the learned counsel for the petitioner had eye trouble and he was under treatment hence, he could not appear at the time when the case was called out. Some prescriptions regarding treatment of eye ailment have been filed. One is dated 10th December 2005 which prescribes some eye ailment and treatment. There is also a case summary issued by the Director of Shankar Netralaya, Chennai which mentions that the learned counsel Mr.Shivjag Choudhary was under treatment since 12th July 2004 and he was treated on 16th July 2004, 2nd November 2004 and 1st March 2005 and that for treatment of the right eye he has been devised to come for evaluation once in six months. Thereafter prescriptions dated 4th June 2005 of Doctor at Delhi and prescriptions dated 24th January 2006, 2nd January 2007 and - 2 - 22nd November 2007 of local doctors at Patna have been filed. The Medical prescriptions show that the treatment was going on but it does not show that the treatment was for any kind of aliment which totally incapacitated the patient in attending his work during the period of treatment. Moreover, there has been inordinate delay in filing this restoration application. In such view of matters, I do not feel satisfied about the grounds as taken in the restoration application. Therefore, this restoration application is dismissed. Jay/ (C.M.Prasad,J)