IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1648 of 2007 BIHAR STATE UNIVERSITY COLLEGE Versus VINOD KUMAR SINGH & ORS ----------- 6 02-03-2009 Heard the parties. The explanation for the delay in filing of the restoration application appears to be laches on the part of the concerned advocate’s clerk or at best the advocate because the application for restoration was supported by affidavit as early as 6-4-2007, that is, only two days after the LPA was dismissed for default. At that time the Commission was already in existence till its repeal by the Act on 19-04-2007. In the facts of the case, We are satisfied that the appellant should not suffer on account of laches on the part of advocate’s clerk and sufficient explanation has been made to condone the delay which appears to be on account of laches as noticed above. As a result of aforesaid discussion the delay in filing the restoration application is condoned and the restoration application is allowed. Let the name of learned AAG 6 now appear as counsel for the appellant State of Bihar. It is expected that the LPA shall be listed before an appropriate Bench as early as possible. BKS/ (Shiva Kirti Singh,J.) (J. N. Singh, J.)