IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11190 of 2009 MD. MUSTAFA @ MUSTAFA SON OF LATE IBRAHIM R/O- VILLAGE- MAHESHPUR, P.S.- BARSOI, DISTT.- KATIHAR Versus JAHA ARA BEGUM D/O- LATE SAHABUDDIN, R/O- VILLAGE SIHGAON, P.S.- BARSOI, DISTT.- KATIHAR ----------- 2 08.11.2010 Petitioner has filed Cr. Rev. no. 755/2006 against the order dated 9.8.2006 passed by learned Principal Judge, Family Court, Katihar in Maintenance Case no. 23(M)/2005 whereby on a consideration of the materials brought on record, ad-interim maintenance in the sum of Rs. 400/- per month was granted in favour of applicant-wife. The aforesaid application was dismissed for non- prosecution on 28.8.2008. Present application has been filed in this Court with defect on 23.3.2009 for restoration although copy of the petition was served on learned A.P.P. on 9.9.2008. In the present application, the petitioner has stated as under in paragraph 3: “3. That the default was not intentional but owing to the fact that the petitioner’s counsel could not be able to appear on call at the relevant time as he was ill.” This Court, even if takes a lenient view, is not convinced that a case for restoration is made out. The application is dismissed. pkj ( Kishore K. Mandal, J. )