IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2895 of 2007 MD.ZAMIRUDDIN KHAN & ORS. Versus REYAZUDDIN ANSARI & ANR. ----------- 05/ 27.01.2009 This M.J.C. has been filed for restoration of S.A. No.587 of 1993 against respondent no.2 as it was dismissed against the said respondent for non-compliance of peremptory order dated 10.01.2001. It transpires that there is a delay of about six years in the filing of the M.J.C. and moreover, the said respondent no.2 was not a necessary party for the disposal of the second appeal as the suit out of which second appeal has arisen, was filed by the plaintiff who is respondent no.1 in the instant second appeal and was decreed but the said respondent no.2 never challenged it either in the title appeal or in the second appeal. The said respondent no.2 has also not contested the suit. In the said circumstances, respondent no.2 not being a necessary party for the disposal of the second appeal, the dismissal of that appeal against him shall not affect the result of the second appeal, which is continuing against respondent no.1 who is the contesting respondent. Accordingly, this M.J.C. is disposed of. harish/ ( S.N.Hussain, J.)