IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1483 of 2009 BHABHUTI DAS Versus BINDESHWARI SAH & ORS ---------- 05/ 28.04.2010 Heard learned counsel for the petitioner. This petition has been filed for restoration of Second Appeal no.234 of 2005 which was dismissed due to non-compliance of peremptory order of this court dated 23.03.2009. By the aforesaid order four weeks peremptory time was allowed to the appellant to comply the order of Lawazima Board dated 10.11.2008 with regard to stamp report defect nos. 1 to 4, 6 and 7. Learned counsel for the petitioner submits that due to inadvertence although most of the defects were removed but defect nos. 2, 6 and 7 could not be removed within the time allowed. Considering the averments made by the learned counsel for the petitioner and the statements made in the petition, it appears that genuine reasons have been shown which prevented the learned counsel for the appellant-petitioner from complying the said order within the prescribed period. Accordingly, this petition is allowed. Second Appeal no.234 of 2005 is restored to its original file and number. However, this order will be subject to removal of defect nos. 2, 6 and 7 of the said stamp report within one week. If the said order is complied within the aforesaid period, let the aforesaid second appeal be listed for hearing under Order XLI Rule 11 of the Code of Civil Procedure on 10.05.2010 along with defects/ applications, if any. shahid (S. N. Hussain, J)