IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1664 of 2008 AMRIT MANDAL Versus MOST.MINA DEVI & ORS ----------- 02/ 19.05.2010 This petition has been filed for restoration of S.A. No.129 of 2000 which was dismissed for default due to non- compliance of order of this court dated 24.03.2008 by which two weeks peremptory time was allowed to the appellant to remove the defects in the vakalatnama of the proposed heir no.1 of the sole appellant, failing which the application for substitution bearing I.A. No.2048 of 2007 was to stand rejected without further reference to a Bench. From the averments made by learned counsel for the appellant as well as the statements made in the petition, it appears that genuine reasons have been shown due to which the said order could not be complied within the time prescribed, although it was complied later on 09.07.2008. In the said circumstances, this petition is allowed and S.A.No.129 of 2000 is restored to its original file and number. Put up the second appeal for hearing under Order XLI Rule 11 of the Code of Civil Procedure on 21.05.2010 along with defects/applications, if any, within top five cases. harish/ ( S. N. Hussain, J. )