IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3279 of 2007 DIWAKAR SINHA Versus ANITA KUMARI ----------- 4. 28.01.2009 The application under this MJC No. 3279 of 2007 was filed on 20.12.2007 for restoration of F.A. No. 51 of 1998 which stood dismissed due to non-compliance of the peremptory order dated 7.12.2005 which directed for depositing deficit initial printing cost of Rs. 1.36 within one week with a rider that if the order was not complied within the period, the appeal shall stand dismissed without further reference to a Bench. The statutory time for filing the restoration petition was 30 days but it was filed with delay for which a separate petition under Section 5 of the Limitation Act under I.A. No.3239 of 1998 has also been filed. The learned counsel for the petitioner/appellant submits that under F.A. No.51 of 1998 the initial printing cost of Rs.189.17 had already been deposited earlier and there was deficit of Rs. 1.36 only. The learned counsel also submits that in view of the office report dated 21.2.2008 as in the record of F.A. No. 51 of 1998, it is clear that on the next day of the order dated 8.12.2005, the appellant had also deposited the deficit initial printing cost but the same was not treated as proper compliance in view of the fact that the deposit had been made by deposing it through stamp in stead of making the deposit through challan in Court. So far the delay in the filing of this MJC is concerned, it is submitted that due to the compliance of the order having been made by the appellant and x he remained under the - 2 - impression that he had made the compliance, but unfortunately it was not treated to be a proper compliance due to adopting a different mode of deposit. In the facts and circumstances, the delay in this filing of this MJC is condoned and the F.A. No. 51 of 1998 is ordered to be restored to its original file but with a condition precedent that the appellant will deposit a sum of rupees 200/- with Legal Services Committee of Patna High Court within a period of ten days. The deposit of the amount with Legal Services Committee, Patna High Court is a condition precedent and, therefore, the restoration process will start only after the amount has been deposited and the receipt for the same has been produced in the office within the period. The appellant will also deposit the deficit initial printing cost of Rs. 1.36 within the said period i.e. ten days from today. (C.M. Prasad, J.) Ravi/-