IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.818 of 2009 UMESH KUMAR SINGH S/o Nandlal Singh Versus 1. NANDLAL SINGH S/o Late Dr. Parsuram Singh 2. Daymanty Singh w/o Nandlal Singh 3. Dinesh singh s/o Nandlal Singh 4. Ramesh singh S/o Nandlal Singh ----------- 8/ 10.08.2010 No one appears for the petitioner. Counsel for the respondents is present. It appears that in past also no one had appeared for the petitioner. An interlocutory application being I.A. No. 3094 of 2009 has been filed on behalf of the petitioner for condoning the delay of about ten and half months in filing the restoration application. The restoration application was filed for restoring Misc. Appeal No. 337 of 2004 to its original file, which was preferred against the order dated 10.08.2004 passed by Sub-Judge, IV, Patna in T.S. No. 395 of 2000 whereby the application of plaintiff/appellant filed under Order XXXIX Rule 1 and 2 was rejected. It appears that there is no instruction in this case, as such, this restoration application is dismissed. The proceeding of T.S. No. 395 of 2000 pending in the court of Sub-Judge-IV, Patna / his successor should be expedited. Uday/ (Samarendra Pratap Singh, J.)