IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11866 of 2008 1. RANJEET KUMAR SINGH 2. Navin Kumar Singh 3. Pravin Kumar Singh 4. Sunil Kumar Singh, all sons of late Parmanand Singh. All residents of village and P.O. Bhowadeorhi, P.S. Rupouli, District Purnea Versus 1. THE STATE OF BIHAR 2. Sub-Divisional Officer, Dhamdaha (Purnea) 3. Anchal Adhikari, Rupouli (Purnea) 4. Most. Anjula Devi, wife of Late Beni Prasad Mandal 5. Rajesh Mandal 6. Sanjay Mandal @ Bankey Mandal, both sons of Late Upendra Mandal. All residents of village Dumari, P.S. Rupouli, District Purnea ----------- 05/ 28.01.2010 Heard learned counsel for the parties. 2. Petitioners are the raiyats. They are aggrieved by the order dated 12.5.2008 passed in Appeal Case No. 9 of 2007- 08/ 10 of 2008-09, whereunder the appeal filed under Section 48D of the B.T. Act has been dismissed on the ground of limitation, as the appellate court was not satisfied about the grounds taken in support of the plea of limitation. 3. Having perused the writ petition and the appellate order dated 12.5.2008, I am of the view that the appellate court while considering the limitation matter, ought to have taken a lenient view of the matter and taking such lenient view, I direct the petitioner to deposit a cost of Rs. 2000/- (Two thousand only) in the court below within two weeks of the receipt of the certified copy of this order and in lieu of such payment appellate order dated 12.5.2008 is set aside with direction to the appellate court to reconsider the appeal after condoning the delay in filing the same and dispose of the appeal on merits of the case, without 2 being prejudiced by the fact that this Court has set aside the appellate order dated 12.5.2008. The amount deposited in compliance of this order be equally distributed amongst Respondent nos. 4 to 6. 4. This application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)