IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2276 of 2010 ROHAN MAHTO Versus STATE OF BIHAR ----------- 3 28.02.2011 Re : I.A. Nos. 5098 of 2010 & 1386 of 2010 The Interlocutory Application No. 5098 of 2010 has been filed for substituting the legal representatives of the sole appellant of First Appeal No. 442 of 1987 namely, Rohan Mahto in M.J.C. No. 2276 of 2010 filed for restoration of the aforesaid First Appeal No. 442 of 1987, which stood dismissed for default on account of non-compliance of the order dated 08.03.2000 whereby three weeks’ time was allowed to deposit the deficit court fee of Rs. 1271.60. Another interlocutory application bearing I.A. No. 1386 of 2010 has been filed for condoning the delay in filing the I.A. No. 5098 of 2010. The other side has no objection. Considering the submissions and the grounds stated in the above two interlocutory applications, I.A. No. 5098 of 2010 for substitution of the legal representative of the original appellant as also the I.A. No. 1386of 2010 for condoning the delay in filing the said interlocutory application for substitution/addition stands allowed. The applicants of I.A. No. 5098 of 2010 being the legal representatives of the original appellant are substituted in place of the original appellant of First Appeal No. 442 of 1987 and are allowed to prosecute the aforesaid M.J.C. No. 2276 of 2010. Re : I.A. No. 5124 of 2010 This interlocutory application has been filed for condoning the delay in filing the present M.J.C. No. 2276 of 2010 for restoration of the First Appeal No. 442 of 1987. The other side has no objection. Considering the submissions of the parties and the grounds stated in the application, the I.A. No. 5124 of 2010 for condoning the delay as also the present M.J.C. No. 2276 of 2010 for restoration stand allowed. The First Appeal No. 442 of 1987 is accordingly restored to its original file. Let the petitioner deposit the deficit court fee of Rs. 1271.60 within a period of four weeks, on the condition of deposit of Rs. 200/- with the Patna High Court Legal Services Authority within the same time. The objection of the State counsel with regard to the entitlement of interest, if any, over the decreetal amount for the period the appeal has remained dismissed due to the latches of the petitioner shall be considered at the time of hearing of the appeal. The M.J.C. application stands disposed of. Manish/- ( Shailesh Kumar Sinha,J.)