IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3249 of 2010 ASHOK KUMAR THAKUR & ORS. Versus MOST. RASMANI DEVI & ORS. ----------- 5 20.04.2011 Heard learned counsel for the petitioners. 2. This petition has been filed for restoration of Second Appeal No. 20 of 2000 which was dismissed for default due to non-compliance of peremptory order of this Court dated 17.08.2007 by which one week time was allowed to learned counsel for the appellants-petitioners to file certified copy of the trial Court judgment. 3. The certified copy of trial Court judgment is necessary for filing a second appeal but although this second appeal was filed on 11.01.2000 certified copy of trial court decree was not filed along with memorandum of second appeal or even thereafter for several years. 4. In the said circumstances the matter was listed before Lawazima Board in the years 2000 and 2002 but the certified copy of trial court judgment was not filed, hence on 17.08.2007 this Court granted peremptory time of one week for filing the same. Even this order of the bench was not complied and accordingly the Second Appeal stood dismissed for default in August 2007. 5. Now on 05.08.2010 this M.J.C petition has been filed for restoration of the second appeal. Learned counsel for the petitioners raises several grounds due to which the appellants were unable to comply the said order. Considering the entire facts and 2 circumstances of this case and the arguments of learned counsel for the parties it transpires that genuine reasons have been shown which prevented the appellants-petitioners from complying the said order within time. Hence this petition is allowed and second appeal No. 20 of 2000 is restored to its original file and number. 6. However, this order will be subject to filing of certified copy of trial court decree positively by next Friday i.e. 29.04.2011 in the second appeal 7. This order will also be subjected to deposit of cost of Rs. 5000/- by the appellants in the Legal Aid Committee of the High Court within 15 days. 8. If the appellants fail to comply even one of the aforesaid directions within the time specified it is to be noted that no extension shall be granted to the time given above and this M.J.C petition as well as Second Appeal No. 20 of 2000 shall stand automatically dismissed, without further reference to a bench. Prakash ( S.N.Hussain, J.)