IN THE HIGH COURT OF JUDICATURE AT PATNA C. REV. No.162 of 2008 THE UNION OF INDIA Versus PRAMESHWARI SHARAN SINHA & ORS ----------- MJC No.408 of 2009 THE UNION OF INDIA Versus PRAMESHWARI SHARAN SINHA & ORS ----------- 02/ 02.03.2009 Both these matters arise out of First Appeal No. 803 of 1994, which was filed by the Union of India against respondents no.1 to 4 challenging the judgment and award passed in favour of the respondents by the Land Acquisition Judge, whereas, the State of Bihar was respondent no.5 in the first appeal. 2. On 07.07.2006, one week peremptory time was allowed to the appellant to take steps for fresh service of appeal notices on respondents no. 1 to 4, but the said order was not complied and on 31.10.2007 this Court held that the first appeal stood dismissed for default against respondents no.1 to 4 for non-compliance of the abovementioned order dated 07.07.2006. 3. With respect to order dated 07.07.2006, the appellant filed M.J.C. No. 408 of 2009 for restoration of the first appeal, whereas, for review of the abovementioned order dated 31.10.2007 the appellant has filed Civil Review No. 162 of 2008. 4. Learned counsel for the respondent-opposite party vehemently opposes the contentions of learned counsel for the appellant-petitioner and submits that there were repeated orders of this Court, which were not complied by the appellant-petitioner. - 2 - 5. From the averments of the parties and the materials on record, it transpires that the appellant has been able to show genuine reasons due to which order dated 07.07.2006 was not complied and hence the first appeal is fit to be restored. Furthermore, vide order dated 31.10.2007, the first appeal was dismissed only due to non- compliance of order dated 07.07.2006 and the said non-compliance has already been fully explained. 6. In the said circumstances, both the aforesaid cases, namely, Civil Review No.162 of 2008 and M.J.C. No. 408 of 2009 are allowed, order dated 31.10.2007 is recalled/reviewed and First Appeal No. 803 of 1994 is restored its original file and number against respondents no. 1 to 4. 7. Mr. Manish Kumar, Advocate, submits that he is appearing on behalf of respondents no. 1 to 4, hence there is no necessity of issuing any notice to them in the first appeal. However, this order will be subject to payment of cost of Rs.1000.00 (Rupees one thousand only) by the appellant-petitioner to the said counsel for the respondents-opposite parties by 15th of April, 2009. As agreed between the parties and also seeing the gravity of the situation, specially the requirements of the respondents, let this first appeal be placed for hearing on 20th of April, 2009. MPS/ ( S. N. Hussain, J. )