IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14120 of 2009 1. DINESH PODDAR @ DINOSH PODDAR SON OF LATE JAGESHWAR PODDAR. 2. TINKOURI PODDAR SON OF LATE SOHANLAL PODDAR. 3. MOST. MUNGAWATI DEVI WIFE OF ZAGATLAL PODDAR. 4. MOST. TILO DEVI WIFE OF PANCHU PODDAR AND AND DAUGHTER OF SOHANLAL PODDAR. 5. KARE PODDAR @ KARU PODDAR SON OF HARILAL PODDAR. 6. DIPCHAND PODDAR SON OF MOHANLAL PODDAR. 7. JHILO DEVI DAUGHTER OF RAMESHWAR PODDAR. 8. KALO DEVI WIFE OF KRITYA NAND PODDAR. ALL RESIDENT OF VILLAGE KAKAN, P.S. JOKIHAT, DISTRICT ARARIA. ... ... PETITIONERS. Versus 1. THE STATE OF BIHAR 2. COLLECTOR, ARARIA, DISTRICT ARARIA. 3. ANCHAL PADADHIKARI, JOKIHAT,DISTRICT ARARIA. 4. SUREN KUMAR (SUREN KUMAR) SON OF SHIVANAND PODDAR, RESIDENT OF VILLAGE KAKAN, P.S. JOKIHAT, DISTRICT ARARIA. ... ... RESPONDENTS. ----------- 2. 29.10.2009. Learned counsel for the petitioners is permitted to correct the name of respondent no.4. Heard learned counsel for the petitioners and the State. Petitioner is aggrieved by the order dated 25.8.2009 where under Bihar Privileged Persons Homestead Appeal Case No.19 of 2007- 08 has been dismissed on account of non prosecution. It is submitted on behalf of the petitioner that on account of the failure of the lawyer to appear in the proceeding, the - 2 - N.H./ appeal was dismissed. For the failure of the lawyer to prosecute the appeal, the client should not be penalized. Accordingly, I direct the learned Collector to take lenient view in the matter and to recall the order dismissing the appeal for non prosecution after imposing a reasonable cost on the petitioner and thereafter proceed to hear the matter on merit. With this observation, this application is disposed of. ( V.N. Sinha,J.)