IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2553 of 2009 BIGNA KUNWAR @ BIGYANI KUNWAR Versus JAGDISH SINGH & ORS ----------- 02/ 07.10.2009 This petition has been filed by the petitioner for restoration of C.R. No.809 of 2009, which stood dismissed for default on 08.07.2009 due to non-compliance of order dated 01.07.2009 by which one week time was allowed to learned counsel for the petitioner to take steps for fresh service of notice upon opposite party nos.3, 5 and 6 under ordinary process. However, by the subsequent order dated 23.07.2009 it was held that due to dismissal of the civil revision against opposite party nos.5 and 6 the entire civil revision became incompetent and was dismissed. Considering the averments made by learned counsel for the petitioner and the statements made in the petition, it appears that some reasons have been shown which prevented learned counsel for the petitioner from complying the said order. Accordingly, the aforesaid orders of this court are recalled, this M.J.C. case is allowed and C.R. No.809 of 2009 is restored to its original file and number. Opposite party nos.2, 3 and 4 have already appeared and opposite party nos.1, 5 and 6 also belong to the same family and they were co-plaintiffs, let notices sent to them be deemed to have been validly served. 2 Since the said civil revision has arisen out of an eviction suit, let it be listed under the heading “Admission” on 9th October, 2009 within top five cases. harish/ ( S. N. Hussain, J. )