IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.226 of 2009 CHANDESHWAR NARAYAN SINGH & ANR Versus NARBDESHWAR NARAYAN SINGH & OR ----------- 03- 25.7.2009 Heard learned counsel for the petitioner. This restoration application has been filed by the appellants of First Appeal No.118 of 1998 (Chandeshwar Narain Singh & Another vs. Narbdeshwar Narayan Singh & Ors.), which stood dismissed on account of non- compliance of the order dated 21.7.2006. The appeal arises out of a partition suit. It was placed before the learned Lawazima Board on 9.12.2005, on which date none appeared on behalf of the appellants, and two weeks’ final time was granted to take steps to file the substitution petition. Not having been filed, the same was placed before the Bench on 21.7.2006. As prayed for by learned counsel for the appellants, four weeks’ further time was granted to take the requisite steps as contemplated by the order of the Lawazima Board as well as deposit of costs of Rs.500/- (five hundred) with the High Court Legal Services Committee, Patna, within the same period failing in either event the appeal was to stand dismissed. The order has not been complied with leading to dismissal of the appeal. It appears to me to be a case of gross laches, negligence, and acquiescence. We are not inclined to restore the appeal. 2. This MJC application is accordingly rejected. ( S K Katriar ) mrl - 2 -