IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2285 of 2008 1. The Deputy Secretary, Bihar School Examination Board, Patna. 2. The Bihar School Examination Board through its Secretary, Patna. 3. The Secretary, Bihar School Examination Board, Patna. ...... Petitioners. Versus 1. Dilip Kumar, son of Shri Ramadhar Sharma, resident of Village Lari, P.S. Kurtha, District Arwal. 2. Subhash Kumar, son of Shri Triveni Sharma, resident of Village Tej Bigha, P.S. Kako, District Jahanabad. 3. Birendra Singh, son of Shri Dineshwar Singh, resident of Village Sabajpura, P.S. Mohandia, District Arwal. 4. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 5. The Secretary, Human Resources Development Department (Primary Education), Vikash Bhawan, Patna. 6. The Director, Research and Training, Bihar, Vikash Bhawan, Patna. .... Opposite Parties. --------- 04- 5.10.2009 Heard Mr. Piyush Lal for the petitioners. This application has been filed by the appellants of L.P.A. No.202 of 2007, for recall of the order dated 19.8.2008, whereby the appeal was dismissed for non-prosecution. 2. We have perused the materials on record and considered the submissions of learned counsel for the parties. It appears to us that the matter was taken up for final disposal on 23.6.2008, and, as jointly agreed to by the learned senior counsel for the parties, the matter was adjourned to 25.6.2008. It was taken 2 up on 17.7.2008, on which date, as prayed for on behalf of learned counsel for the appellants, the matter was adjourned for one week. By order dated 8.8.2008, the appeal was again adjourned for one week on the prayer of learned counsel for the appellants. The matter was again taken up on 19.8.2008 and, in view of the non-appearance of learned counsel for the appellants, the appeal was dismissed in default. It thus appears that it is a case of gross laches, negligence and acquiescence. We are not inclined to allow this application. It is accordingly rejected. (S K Katriar, J.) (Kishore K. Mandal, J.) S.K.Pathak