IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2930 of 2008 THE STATE OF BIHAR & ORS Versus M/S SITARAM SINGH & COMPANY ----------- 3/ 19.03.2009 This petition has been filed for restoration of Second Appeal No. 327 of 2005, which is dismissed for default due to non-compliance of per-emptory order of this court dated 28.07.2008 by which time till 31.07.2008, as prayed for, was allowed to learned counsel for the appellants to comply the order of the Lawazima Board dated 27.03.2008 for removing stamps report defects no. 1 to 6. From the averments made by learned counsel for the petitioner and the statements made in this petition it appears that genuine reasons have been shown due to which the said order could not be complied. Accordingly, this application is allowed and Second Appeal no. 327 of 2005 is restored to its original file. However, this order will be subject to removal of said defects, if not yet removed, within one week from today, failing which the instant petition along with second appeal shall stand dismissed without further reference to a bench. If the aforesaid order is complied, let the said second appeal be placed for ‘hearing under Order XLI Rule 11 of the Code of Civil Procedure’ on 30th March, 2009. Uday/ (S. N. Hussain, J.)