IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.234 of 2004 AKBAR IMAM & ANR Versus THE COMMISSIONER, MUNICIPALITY ----------- 9 9.7.2008 Heard learned counsel for the appellants. No body appears for the respondent, although, notice on them have been validly served. This Misc.Appeal is directed against the order dated 7.4.2004 passed in Misc.J Case No.1/1995 by the learned First Additional District Judge, Kaimur at Bhabhua, whereby and whereunder the Misc.case for re- admission of the dismissed appeal filed under Order 41 Rule 19 CPC readwith Section 151 CPC was dismissed being Misc.Appeal No.7/32 of 1983/1993. Submission has been advanced that, as a matter of fact, the suit was decreed in which father of the appellant was not a party.. He filed a petition in the execution proceeding but the same was dismissed. Against that order, he filed Misc.Appeal No.7/1983 which was also dismissed for non- prosecution on 22.1.1994. Against that order of dismissal the appellant filed a petition under order 41 Rule 19 CPC bearing Misc.J case No.1/1995 for restoration of the aforesaid Misc.Appeal No.7/1983 on 6.3.1995. But that too was dismissed. Considering the facts, circumstances and averments made in the petition, the prayer of the appellants is allowed with a direction to the court below to consider the matter and decide the same at the shortest possible time. Accordingly, Misc.Appeal No.7/32 of 1983/1993 is restored to its original file and number. With the aforesaid directions and observations, this appeal is 2 allowed. SKBOSE (Subash Chandra Jha)