IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2012 of 2010 Hari Mahto Versus State Of Bihar ----------- 05. 28.06.2011 Interlocutory Application No. 4552 of 2010 Interlocutory Application No. 4552 of 2010 has been filed for substituting the legal representatives of the sole appellant of First Appeal No. 339 of 1987, namely, Hari Mahto in M.J.C. No. 2012 of 2010 filed for restoration of the aforesaid First Appeal No. 339 of 1987, which stood dismissed for default on account of non- compliance of the order dated 09.02.2000 whereby six weeks’ time was allowed to deposit the deficit court of Rs. 3026.60 paise. Another I.A. No. 1388 of 2011 has been filed for condoning the delay in filing the I.A. No. 4552 of 2010. The other side has no objection. Considering the submissions and the grounds stated in the above two interlocutory application, I.A. No. 4552 of 2010 for substitution of the legal representative of the original appellant as also the I.A. No. 1388 of 2011 for condoning the delay in filing the said interlocutory application for substitution/addition stands allowed. The appellant of I.A. No. 4552 of 2010 being the legal representative of the original appellant are substituted in place of the original appellant of First Appeal No. 339 of 1987 and are allowed to prosecute the 2 aforesaid M.J.C. No. 2012 of 2010. I.A. No. 4561 of 2010 This interlocutory application has been filed for condoning the delay in filing the present M.J.C. No. 2012 of 2010 for restoration of First Appeal No. 339 of 1987. The other side has no objection. Considering the submissions of the parties and the grounds stated in the application, the I.A. No. 4561 of 2010 for condoning the delay as also the present M.J.C. No. 2012 of 2010 for restoration stand allowed. The First Appeal No. 339 of 1987 is accordingly restored to its original file. Let the petitioner deposit the deficit court fee of Rs. 3026.60 paise within a period of four weeks, on the condition of deposit of Rs. 200/- with the Patna High Court Legal Services Authority within the same time. The objection of the State counsel with regard to the entitlement of interest, if any, over the decretal amount for the period the appeal has remained dismissed due to the latches of the petitioner shall be considered at the time of hearing of the appeal. The M.J.C. application stands disposed of. Jagdish/ ( Shailesh Kumar Sinha, J.)