IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3603 of 2011 Ram Bachan Lohar & Anr. Versus Kanhaiya Singh & Anr. ---------------------------------- 02/ 14.09.2011 This petition has been filed by the petitioners for restoration of I.A. No.4102 of 2003 which was dismissed for non- compliance of peremptory order of this court dated 26.08.2009 by which two weeks time was allowed to the appellants-petitioners for removing the two defects pointed out by office note dated 25.08.2009. Learned counsel for the petitioners submits that I.A. No.4102 of 2003 was filed by the appellants-petitioners for substitution of the heirs of appellant no.1 Ram Bachan Lohar and the defect as pointed out in the office note was that although it was belated but no interlocutory application for condoning the delay and setting aside abatement was filed and also that the name of the proposed heirs of appellant no.1 given in the vakalatnama did not tally with the names of the heirs given in the interlocutory application. Considering the averments made by learned counsel for the petitioners and the statements made in the petition, it appears that genuine reasons have been shown which prevented the appellants- petitioners from removing the said defects within the time allowed by this court. However, the petitioners complied the said order belatedly on 19.08.2011 by filing I.A. No.5681 of 2011 for condoning the delay and setting aside abatement and also by filing fresh - 2 - vakalatnama of the proposed heirs of appellant no.1. In the aforesaid facts and circumstances, this petition is allowed, I.A. No.4102 of 2003 is restored and is directed to be listed before the appropriate court. Harish (S.N. Hussain, J.)