IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1545 of 2010 BACHI @ BACHI KUMARI SINHA & ORS. Versus NATHUNI RAI ----------- 04/ 05.05.2010 Heard learned counsel for the petitioners. This petition has been filed for recall of order dated 05.01.2010, by which it was held that the entire second appeal (S.A. No. 116 of 2005) has become incompetent due to its dismissal against respondent no. 1 as earlier order dated 14.11.2009 was not complied. Learned counsel for the petitioners submits that respondent no.1 Nathuni Rai having died, I.A. No. 2306 of 2006 was filed for substitution of his heirs, which was rejected on 30.11.2009 due to non-compliance of peremptory order dated 09.11.2009. It transpires that on 14.12.2009, when the second appeal was listed, learned counsel for the appellants took three weeks’ time for filing a fresh application for restoration of I.A. No. 2306 of 2006, which had stood dismissed due to non-compliance of order dated 09.11.2009. Learned counsel for the petitioners submits that in compliance of the said order, the appellants filed I.A. No. 8472 of 2009 (Flag `N’) and I.A. No. 8471 of 2009 (Flag `M’) on 21.12.2009 well within the time granted by this Court on 14.12.2009, but due to inadvertence, Office did not make any note with respect to the said interlocutory applications. By order dated 2 05.01.2010 this Court presumed that no step had been taken in respect thereof by the respondents. Considering the facts and circumstances, this petition is allowed and order dated 05.01.2010 passed by this Court is recalled. Let the aforesaid second appeal be listed on 12.05.2010 under the heading `Orders ( on petitions) ‘ for considering I.A. No. 8472 of 2009 and I.A. No. 8471 of 2009. MPS/ ( S. N. Hussain, J. )