IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2705 of 2010 Mostt. Jhalo alias Sakina, widow of Md. Ibrahim, resident of village Damodarpur, P.S. Kanti, District Muzaffarpur. …….Appellant-Petitioner. Versus 1. Laxmi Narain Prasad, son of Ram Bhajan Sah 2. Sita Devi, wife of Laxmi Narain Sah Both residents of Mohalla Juran Chhapra, P.S. Town, District Muzaffarpur. ………Respondent 1st party-Opposite party 1st set 3. Mohammad Shamim alias Gonour, son of Chhedi Mian, resident of village Rajaso, P.S. Bidupur, District Vaishali. 4.Shamsul Haque, son of Ahmad Hussain resident of village Baji Buzurg, P.S. Sakra, District Muzaffarpur. ……..Respondents 2nd party-Opposite party 2nd set For the petitioner : Mr. Rajeev Kr. Sinha, Advocate. For the opposite parties : Ms. Mallika Mazumdar, Advocate. ----------- 02/ 21.07.2010 Heard learned counsel for the petitioner and learned counsel for the opposite parties. This petition has been filed for restoration of S.A.No.215 of 1989 which was dismissed for default due to non-compliance of order of this court dated 20.11.2008 by which it was directed that if the order of this court dated 08.09.2008 was not complied by learned counsel for the appellants within one month from that date, the second appeal would stand dismissed without further reference to a Bench. Since the lower court records were missing and there was little hope that it could be made available, learned counsel for the parties were directed vide order dated 08.09.2008 to file copies of the oral and documentary evidences on which they wanted to rely upon in the second 2 appeal within six weeks. Learned counsel for the parties submit that due to great difficulties faced by their clients the said order could not be complied. In the aforesaid facts and circumstances this petition is allowed and S.A. No.215 of 1989 is restored to its original file and number. However, both the parties must produce the evidence which are with them within two weeks. The said second appeal will be decided on the said documents available on record along with other available materials. harish/ ( S. N. Hussain, J. )