IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2978 of 2009 ORIENTAL INSURANCE COMPANY LIMITED THROUGH ITS PATNA REGIONAL OFFICE, WHICH IS AT PRESENT SITUATED AT PIRMUHANI MORE, P.O. KADAM KUAN, P.S. GANDHI MAIDAN, TOWN AND DISTRICT PATNA. ---- APPELLANT Versus 1. SURENDAR SINGH, SON OF TRILOKI SINGH (HUSBAND OF THE DECEASED) 2. PUJA KUMARI 3. ARTI KUMARI 4. BANDANA KUMARI (MINOR DAUGHTERS OF THE DECEASED) 5. AMRIT KUMAR (MINIR SON OF THE DECEASED) ALL THE MINOR DAUGHTERS AND SON OF SURENDAR SINGH FROM DECEASED BABITA DEVI ARE UNDER THE LEGAL AND NATURAL GUARDIANSHIP OF THEIR FATHER SURENDDAR SINGH; AND ALL ARE RESIDDNTS OF VILLAGE SEMARI, P.O. SIKARIYA, P.S. SHEOSAGAR, DISTRICT ROHTAS. ---- RESPONDENTS 1ST SET. 6. NARENDAR KUMAR SINGH, SON OF SRI JAMINDAR SINGH, RESIDENT OF VILLAGE KUSUDHI, P.O. NAD, P.S. SASARAM, DISTRICT ROHTAS. ---- RESPONDENT 2ND SET. ----------- 3 31.3.2010 Counsel for the petitioner has filed this application for restoring Miscellaneous Appeal No. 238 of 2008 to its original file, which was dismissed for non-compliance of the order dated 9.2.2009. Counsel for the appellant has to remove the defect. It is submitted by him that out of three defects, he removed two defects as pointed out by the office but inadvertently he could not remove one defect. This restoration application is allowed and the Miscellaneous Appeal No. 238 of 2008 is restored to its original file subject to the fact that the counsel for the petitioner should remove the defect within a period of ten days from today, failing which the restoration application shall stand dismissed. Sanjay (Sheema Ali Khan, J.)