IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1283 of 2008 GULABIA DEVI & ORS Versus DHANUSH DHARI SINGH & ORS ----------- 3. 19.8.2008 Heard learned counsel for the petitioners on this application as also on the I.A.No. 3095 of 2008 filed under Section 5 of the Limitation Act praying therein to restore M.A.No. 157 of 2006, which was dismissed for non-prosecution on 18.5.2007 by the then Hon’ble Justice Smt. Rekha Kumari. From the aforesaid order it appears that none appeared for the appellants to pursue the matter on two consecutive dates and, as such, it stood dismissed. It has been submitted by Sri Ashok Kumar Sinha no.2 learned counsel for the petitioners that because of some problem in his eyes he could not keep constant track of the cause list and, as such, the appeal stood dismissed and he was ultimately admitted for operation of his eyes and discharged on 4.6.2007. The learned counsel was contacted by his client, who informed about dismissal of the appeal and thereafter he filed this petition for condonation of delay in filing this application as also for restoration of the appeal. The delay is of 59 days, but steps for restoration of the appeal were taken after about a year, i.e., on 16.5.2008; whereas the appeal was dismissed on 18.5.2007. I do not find any reason to accept his logic that appellants were prevented by sufficient cause from filing restoration petition within time. This MJC application, thus, stands dismissed. (Subash Chandra Jha,J.) spal/