IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.8 of 2009 ANIL DWIVEDI & ORS Versus RAM SRINGAR DWIVEDI & ORS ----------- 04/ 17.02.2010 This petition has been filed for restoration of Second Appeal no.208 of 2007 which stood dismissed for default due to non- compliance of order of this court dated 17.10.2008 by which peremptory time till 17.11.2008 was granted to the appellants to comply the order of Lawazima Board dated 20.02.2008 to file interlocutory application for condoning delay in the filing of the aforesaid second appeal. Considering the facts and circumstances of the case as well as averments made by the learned counsel for the petitioners and the statements made in the petition, it appears that genuine reasons have been shown on behalf of the petitioners which prevented the petitioners-appellants from complying the said order within time. In the circumstances, this petition is allowed. Second Appeal no.208 of 2007 is restored to its original file and number. However, this order will be subject to filing of interlocutory application for condoning delay in the filing of the second appeal by 22.02.2010. If the said order is complied, let the said second appeal be listed for hearing under Order XLI Rule 11 of the Code of Civil Procedure along with defect/interlocutory application, if any on 08.03.2010 within top ten cases. shahid (S. N. Hussain, J)