IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.894 of 2008 BISHWA NATH UPADHYAY & ORS Versus TARKESHWAR UPADHYAY & ORS ----------- 3 1.9.2008 This petition has been filed for restoration of F.A. no.282 of 2004 which was dismissed for default due to non-compliance of the order of this court dated 7.4.2006 by which one week time was allowed to learned counsel for the appellants to file the certified copy of the judgment under appeal and to remove the other defect vide Stamp Reporter dated 27.11.2004 regarding date of filing of the non-judicial stamp for preparation of final decree which was required for calculating the period of limitation. From the averments made by learned counsel for the petitioners and the statements made in the petition, it appears that genuine reasons have been shown due to which the said order could not be complied within the time specified. However certified copy of the judgment under appeal has already been filed by the appellants in the instant case on 28.3.2008 although belatedly. Further more in paragraph 5 of this petition it has been stated that the date of purchase of non- judicial stamp for preparation of final decree is dated 6.8.2004 and final decree has been prepared on 12.8.2004. In the circumstances, this petition is allowed. F.A. no. 282 of 2004 is restored to its original file and number. shahid (S.N.Hussain,J) - 2 -