IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2687 of 2008 Baiju Sah, Son of Sheo Sah (died), resident of village- Punaura, P.S. Sitamarhi, District- Sitamarhi. .... Petitioner. Versus 1. Yogendra Sah. 2. Ramchandra Sah. Both sons of late Newa Sah, Resident of village- Punaura, P.S.- Sitamarhi, District- Sitamarhi. .... Opp. Party. ----------- 03- 17.2.2009 Mr. Devendra Kumar for the petitioner is present. This restoration application has been filed by the appellant of F.A. No.311 of 1997 (Baiju Sah Vs. Yogendra Sah and others) for recall of the order dated 25.11.2002 which stood dismissed on account of non-prosecution. The appeal arises out of a partition suit. The following order was passed in the appeal on 25.11.2002: “None had appeared on behalf of the appellant when the matter was taken up by the Lawazima Board on 6.9.2002, nor has the time granted by that order been utilized to remove the defects. Consequently, the matter was laid before the Bench on 15.11.2002 on which date also none had appeared on behalf of the appellant, and the matter was adjourned. None appears on behalf of the appellant today also. It appears that the appellant is not interested in pursuing this appeal. It is accordingly dismissed for non- prosecution.” 2 2. For the reasons assigned in the order, I am not inclined to restore the appeal. 3. The restoration application is accordingly rejected. (S K Katriar, J.) S.K.Pathak/