IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1325 of 2008 GANGO ROY Versus YOGENDRA ROY & ORS ----------- 2. 20.8.2008 Heard counsel for the petitioner. In the opinion of this Court while much cannot be said about the impugned order inasmuch as the same has been passed on a presumption that the petitioner is not interested in pursuing his miscellaneous case, there seems to be force in the submission of the counsel for the petitioner that as a matter of fact when the records were transferred from Samastipur to Dalsing Sarai the petitioner was not aware of such transfer. Accordingly, miscellaneous case got dismissed on account of his lack of knowledge. Though the aforesaid explanation cannot be said to be fool proof but then the interest of justice would require that the miscellaneous case is restored subject to payment of Rs. 1000/- to be paid by the petitioner to the appearing opposite party i.e. defendant to the suit. 2 Surendra/ This application is accordingly allowed and the impugned order is set aside. ( Mihir Kumar Jha,J.)