ORDER

Mr. Vaidehi Raman Prasad Singh, Ld. Advocate is present on behalf of the petitioner and Mr. Dharmesh Kumar Srivastava, Ld. Advocate is present on behalf of Respondents No. 1 and 2. No body appears on behalf of other Respondents despite valid service of notice upon them.

Interlocutory Application No. 6097/2016

2. This I.A. has been filed for condonation of delay in filing the present revision petition. In view of the averment made in the Interlocutory Application, the delay is condoned. Accordingly, the I.A. 6097/2016 stands allowed.

Civil Revision No. 100 of 2016

3. The present Civil Revision has been preferred impugning the order dated 07.11.2015 passed by Ld. District Judge, Sitamarhi in Miscellaneous Case No. 1/2015 (Dinesh Thakur vs. Amitabh Thakur & Ors) whereby the Ld. District Judge has dismissed the Misc. Case No.1/2015 filed by the petitioner herein for restoration of Misc. Case No. 15/2011 on the ground that the Misc. Case was not filed within one month from the date of dismissal and, in fact, it was filed after delay of 70 days which is not properly explained by the petitioner.

4. Ld. counsel for the petitioner submits that Ld. court below was erroneously under impressi