IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18896 of 2010 AJAY KUMAR @ AJAY SINGH Versus STATE OF BIHAR & ORS ----------- 2 20.5.2010 This application is for restoration of Cr.Misc.No. 31317 of 2009 which stood dismissed for default on 20.4.2010 due to non-compliance of peremptory order dated 6.4.2010 by which two weeks’ time was allowed to take steps for fresh service of notice on opposite party no.3 under both process. The submission of learned counsel for the petitioner is that due to mistake of Advocate clerk of petitioner’s counsel, requisites for fresh service of notice on opposite party no.2 under both process have been filed though it should have been filed against opposite party no.3. In this circumstance, Cr.Misc.No. 31317 of 2009 stood dismissed for default. As such, prayer is made to allow the restoration application and restore Cr.Misc.No. 31317 of 2009. Accordingly, the restoration application is allowed and Cr.Misc.No. 31317 2 of 2009 is restored to its original file subject to compliance of order dated 6.4.2010 passed in Cr.Misc.No. 31317 of 2009. AI ( Mandhata Singh, J.)