IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3323 of 2007 THE STATE OF BIHAR Versus BASANT KUMAR SINGH & ORS ----------- For the petitioner: Mr. R.K.Shukla For the respondent no.1 : Mr. Prabhat Ranjan Singh --- P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 5th September, 2008 On 12th November, 2007, the Division Bench passed the following order: “As prayed for on behalf of the appellant, two weeks time is granted to file supplementary affidavit as per the office note, failing which the memo of appeal shall stand rejected without further reference to a bench.” 2. The counsel for the applicant submits that incompliance thereof a supplementary affidavit has been filed on 28th November, 2007. 3. The supplementary affidavit filed on 28th November, 2007 has been found defective by the office. When the restoration application came up for consideration on 25th August, 2008, we directed the counsel for the applicant to remove the defects pointed out by the office. The order was peremptory and it was observed that the restoration application for want of compliance shall stand 2 dismissed without further reference to the court. 4. There seems to be some negligence on the part of the applicant. However, in our considered view, the following order shall meet the ends of justice: i) Subject to the payment of cost of Rs.1000/- by the appellant to the respondent no.1 within one week from today, the letters patent appeal shall stand restored to its original number. ii) Upon restoration of appeal, the appellant is directed to file a proper supplementary affidavit as per the order dated 12th November, 2007 in the L.P.A. within two weeks from the date of payment of cost to the respondent no.1. 5. MJC stands disposed of. R. M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/