IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3848 of 2010 KITAB LAL RAI & ANR. Versus PRAVIN KUMAR & ORS. ----------- 04/ 27.04.2011 This M.J.C. case has been filed for restoration of S.A. No. 234 of 2009, which was dismissed for default due to non- compliance of peremptory order of this Court dated 29.04.2010, by which time till 02.06.2010 was granted to appellant-petitioners to deposit deficit court fee stamp worth Rs.1,370.00 as well as to remove defects no.1 to 3 of stamp report dated 06.11.2009 and also to file a fresh certified copy of the decree under appeal showing valuation of the suit. Learned counsel for the petitioners submits that he complied the first and second parts of the said order within time, but due to non-availability of the certified copy of the decree under appeal, he could not file the same within the time prescribed. However, immediately after receipt of the said certified copy on 21.08.2010, he filed the same in this Court on 23.08.2010 and complied the said part of the order of this Court. Considering the averments made by learned counsel for the petitioners and the statements made in this petition, it appears that genuine reasons have been shown, which prevented appellant- petitioners from complying the said part of order dated 29.04.2010 within time. In the said circumstances, this M.J.C. case is allowed and S.A. No. 234 of 2009 is restored to its original file and number. 2 Office is directed to prepare fresh stamp report as per the corrected certified copy of the decree under appeal filed by the appellants MPS/ ( S. N. Hussain, J. )