R.K. Merathia, J. - (1.) This petition has been filed for restoration of Second Appeal No. 508 of 1998 (P) which was dismissed on 23.7.2003.
(2.) The said appeal was filed at Patna on 18.11.1998. According to the appellants, after November, 2000, when they went to Patna, they were informed by their counsel that the new State of Jharkhand has been created and it was not clear whether this appeal will be heard at Patna or at Ranchi and, accordingly, they were advised to wait for some time, so that they could be informed about the hearing of the second appeal and, accordingly, they waited for the communication of the lawyer, but inspite of several letters written to their counsel to know about the status of the appeal, they did not receive any communication. When the appellants met their counsel in January, 2008, they were told that the said appeal was transferred to Ranchi. The appellants then rushed to Ranchi and found that this second appeal was dismissed on 23.7.2003 for non-compliance of the earlier orders and thereafter this petition was filed for restoration.
(3.) It appears from the record of the Second Appeal No. 508 of 1998 (P) that after it was filed on 18.11.1998, the matter was taken up on 27.3.2000, but no body appeared on behalf of the appellants. However, one month time was allowed for filing deficit court fee. Again on 21.4.2003, no body appeared on behalf of the appellants. However, time was granted for depositing court fee and for filing limitation petition. On 4.7.2003, the matter was placed before the Bench and again no body appeared on behalf of the appellants and the following order was passed:- "The Deficit Court-fee has not been paid though the appeal is not accompanied by an application under Section 5 of the Limitation Act as contemplated by Order 41, Rule 3A of the Code of Civil Procedure and apparently not interested in pursuing the appeal, since no steps were taken inspite of grant of time on 21.4.2003 by the Joint Registrar. As a last chance, I grant some more time to the appellants. The matter will be called on 18.7.2003 for orders." Ultimately, on 23.7.2003, the following order was passed:- "No body is present on behalf of the appellants. It appears that this appeal was filed in Patna High Court on 18.11.1998 with stamp report. Deficit Court fee of Rs. 327.50 paise was found short and the appeal was also barred by time. Neither deficit court fee was paid nor any petition for condonation of delay was filed. On 27.3.2000 Registrar General of Patna High Court granted one month's time to pay deficit court fee, but that order was also not complied with. The appeal was received here on transfer from Patna High court and thereafter on 21.4.2003 the Registrar General and on 4.7.2003, a Bench of this Court granted time for paying deficit court fee and filing petition for condoning the delay, as a last chance, still the appellants neither filed petition to condone the delay nor paid deficit court fee. In such circumstance, the memorandum of appeal is rejected as barred by time.";