IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3235 of 2007 SACHHIDANAND PANDEY Versus RAMASHANKAR PANDEY & ORS ----------- 4. 19.08.2009 Heard learned counsel for the petitioner. No one appears for the opposite parties although notices were duly served upon them and they have also entered appearance. It is stated by learned counsel for the petitioner that notices of appeal after its admission were twice filed but subsequently the case was again listed on 12.11.1998 and direction was issued to file fresh notices under both processes but since the case was not marked, the order could not be complied and only after the same was communicated to the court below that the appellant- petitioner came to learn about the dismissal of the case. On a consideration of the facts and circumstances of the case, it is directed that S.A. No. 128/1998 shall stand restored to its original file subject to the appellant-petitioner complying with the order dated 12.11.1998 within one week from today. The restoration application is accordingly allowed subject to the aforesaid condition. S. Pandey (Ramesh Kumar Datta, J.)