IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1341 of 2009 BARAT MAHTO & ORS Versus RAGHU NANDAN MAHTO & ORS ---------- 02/ 28.04.2010 Heard learned counsel for the petitioners. This petition has been filed for restoration of I.A.No.3589 of 2008 which stood dismissed due to part compliance of peremptory order of this court dated 13.08.2008. By order dated 13.08.2008 it was directed that let the defects pointed out by the office in its note dated 11.08.2008 with regard to I.A. No. 3589 of 2008 (Flag- M) be removed by filing an appropriate affidavit as well as an application for condoning delay within two weeks, failing which the said interlocutory application shall stand rejected without further reference to a Bench. It is stated in part compliance of the said order I.A. No. 5037 of 2008 has been filed for condoning delay on 20.08.2008 but appropriate affidavit with regard to defects pointed out in the office note was not filed within time and was subsequently filed on 24.03.2009. Considering the averments made by the learned counsel for the petitioners this petition is allowed. I.A.No.3589 of 2008 filed in Second Appeal No. 88 of 2004 is restored to its original file and number. Office is directed to make a note with regard to I.A.No.5037 of 2008 as well as supplementary affidavit dated 24.03.2009. shahid (S. N. Hussain, J)