IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2716 of 2010 ONKARNATH SINGH Versus STATE OF BIHAR & ANR. ----------- 05/ 13.04.2011 Heard learned counsel for the petitioner and learned counsel for opposite party no.2. This petition has been filed for restoration of S.A. No.117 of 2009 which was dismissed for default on 14.05.2010 due to non-prosecution. Although learned counsel for opposite party no.2 vehemently opposes the contentions of learned counsel for the petitioner, but considering the facts and circumstances of the case as well as the averments made by learned counsel for the petitioner, this petition is allowed and S.A. No.117 of 2009 is restored to its original file and number. However, this order will be subject to payment of cost of Rs.1,000.00 (rupees one thousand) by the petitioner to Mr. Anshuman Jaipuriyar, learned counsel for opposite party no.2 within one month. Harish (S.N. Hussain, J.)