IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2800 of 2009 JAGDISH CHOUDHARY Versus SATYA NARAYAN SAH & ANR. ------------- 03/ 21.04.2010 This petition has been filed for restoration of Second Appeal No. 76 of 2008 which was dismissed due to non-compliance of peremptory order dated 04.12.2008 by which two weeks time was allowed to the appellant to remove defect nos. 1 and 3. Considering the averments made by the learned counsel for the petitioner and the statements made in the petition, it appears that genuine reasons have been shown which prevented the learned counsel for the petitioner from complying the said order within time. However, the same was complied on 02.09.2009 but by then the date as granted had lapsed In the said circumstances, this petition is allowed. Second Appeal No. 76 of 2008 is restored to its original file and number. Office is directed to place the aforesaid second appeal under the heading (office note) on 10.05.2010 along with its further report. shahid (S. N. Hussain, J)