IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.883 of 2005 UNITED INDIA INSURANCE COMPANY through its Authorised signatory Sri S.Tahir, Dy. Manager and Duly constituted attorney United India Insurance Co., Regional Office, 3rd Floor, Chanakaya Complex ‘R’ Block, B.C. Patel Road, Patna. ---------------- Appellant. Versus 1. MOST LAL MUNI DEVI, w/o. late Bhundal Ram @ Bhundal Kahar, & others. --------- Respondents. 8 19.11.2008 This M.J.C. has been filed on 15.04.2005 for restoration of M.A. No.317 of 2004, which stood dismissed on 8.4.2005 as a consequence of the dismissal of the limitation petition under I.A. No.6155 of 2004 which was dismissed on account of non-prosecution on 18.02.2005 due the reason that nobody had appeared on behalf of the petitioner/appellant to press this petition (I.A. No.6155 of 2004). As also averred in the M.J.C. petition the learned counsel for the petitioner/appellant submits that mistakably the case was not marked by the appellant’s counsel in the list, hence, he could not appear on 18.02.2005 when the limitation petition under I.A. No.6155 of 2004 was dismissed on account of non- prosecution. Learned counsel submits that it was due to his sheer mistake that the list was not found and the limitation petitioner was dismissed due to his non- prosecution, which has resulted into the consequential order dated 08.04.2005 to the effect that the memo of appeal was ordered to be dismissed as time barred. Learned counsel for the appellant also submitted that the opposite party had not appeared in M.A. No.317 of 2004. In the aforesaid circumstances, the restoration of M.A. No.317 of 2004 is prayed. Thus hearing, this MJC is allowed. In the result the M.A. No.317 of 2004 will stand restored at the stage that the I.A. No.6155 of 2004 that is the limitation petition will be listed for hearing. This M.J.C. is accordingly disposed. Mkr. (C.M. Prasad, J.)