IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.493 of 2010 SHAHDEO MAHTO Versus STATE OF BIHAR & ORS. ----------- 4 28.02.2011 Re : I.A. Nos. 1341 of 2010 & 1387 of 2010 The interlocutory application No. 1341 of 2010 has been filed for substituting the legal representatives of the sole appellant of First Appeal No. 418 of 1987 namely, Sahdeo Mahto for substituting/adding them as petitioner of M.J.C. No. 493 of 2010 filed for restoration of the aforesaid First Appeal No. 418 of 1987, which stood dismissed for default on 12.01.2001 on account of non-compliance of the order dated 01.12.2000 whereby six weeks’ time was allowed to deposit the deficit court fee of Rs. 3260.60. The interlocutory application No. 1387 of 2010 has been filed for condoning the delay in filing the I.A. No. 1341 of 2010. The other side has no objection. Considering the submissions and the grounds stated in the above two interlocutory applications, I.A. No. 1341 of 2010 for substitution of the legal representative of the original appellant as also the I.A. No. 1387 of 2010 for condoning the delay in filing the interlocutory application for substitution stand allowed. The applicants of I.A. No. 1341 of 2010 being the legal representatives of the original appellant substituted in place of the sole appellant of F.A. No. 418 of 1987 are allowed to prosecute the aforesaid M.J.C. No. 493 of 2010. Re : I.A. No. 1344 of 2010 This interlocutory application has been filed for condoning the delay in filing the present M.J.C. No. 493 of 2010 for restoration of the First Appeal No. 418 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. 1344 of 2010 for condoning the delay as also the present M.J.C. application for restoration stands allowed. The First Appeal No. 418 of 1987 is accordingly restored to its original file. Let the petitioner deposit the deficit court fee of Rs. 3260.60 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 First Appeal No. 418 of 1987 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.)