IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1070 of 2011 In Miscellaneous Jurisdiction Case No. 4917 of 2010 In First Appeal No. 292 of 2003 ====================================================== Chandrika Prasad @ Chunnilalal Pd, son of late Yadolal Prasad, resident of village Sonwa Tola Ujiyar P.S. Paharpur, District East Champaran. .... .... Appellants/Petitioner. Versus 1. Rajendra Prasad son of Gorakh Pd., resident of village Radhiya, P.S. Govindganj, District East Champaran.. ----------Plaintiff- Opp. Party. 2. Jhausi Karwar @ Chandawati Kunwar W/O Vishwanath Sah, resident of Village Phulwaria, P.S. Sugauli, District East Champaran. Defendants........ Respondents ====================================================== Appearance : For the Appellant/s : Mr. Ashok Kumar, Advocate. For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 29-07-2011 This Appeal under Clause 10 of the Letters Patent arises from the order dated 5th May 2011 made by the learned single judge in above M.J.C. No. 4917 of 2010 for restoration of the above F.A. No. 292 of 2003. It is apparent that twice the First Appeal was dismissed for non-prosecution; once on 28th July 2004 and again on 14th Patna High Court LPA No.1070 of 2011 (2) dt.29-07-2011 2 September 2007under order dated 13th September 2007 made on M.J.C. No.2502 of 2006. The above M.J.C. No. 4917 of 2010 for restoration was filed three years thereafter. Having regard to the conduct of the appellant the learned single judge has rejected the application for restoration. Therefore, the present Appeal. The learned single judge is wholly justified in rejecting the application for restoration. Moreover, intra court appeal against from the order made in First Appeal does not lie. The appeal is dismissed in limine. BTiwary/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)