IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1205 of 2008 RAJENDRA JHA & ORS Versus SMT. RADHA DEVI & ORS ----------- 03/ 17.03.2010 This petition has been filed for restoration of S.A. No.325 of 2002 which was dismissed for default due to non- compliance of peremptory order of this court dated 25.03.2008 by which three weeks time was allowed to the appellants to comply order of Lawazima Board dated 18.04.2003 according to which the appellants had to file certified copy of the trial court judgment. Learned counsel for the petitioners submits that due to reasons stated in the petition the said order could not be complied within the prescribed time. Although it was complied subsequently on 13.05.2008, but by that time peremptory time granted by this court has lapsed. In the aforesaid facts and circumstances, this petition is allowed and S.A. No.325 of 2002 is restored to its original file and number. Since the aforesaid second appeal is of the year 2002 let it be placed for hearing under Order XLI Rule 11 of the Code of Civil Procedure on 5th of April, 2010 within top five cases. harish/ ( S. N. Hussain, J. )