IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3869 of 2010 DAYAWANTI DEVI & ORS. Versus GOPAL PRASAD CHAMARIYA ----------- 2. 03.11.2010 1. I.A. No. 8023 of 2010 has been filed on behalf of the petitioners for condoning the delay in filing of the M.J.C. petition. Considering the averments made by the learned counsel for the petitioners and the statements made in the interlocutory application, it appears that genuine reasons have been shown which prevented the petitioners from filing the M.J.C. petition earlier. Accordingly this interlocutory application is allowed and the delay in the filing of M.J.C. petition is condoned. 2. This M.J.C. petition has been filed for restoration of S.A. No. 447 of 2008 which stood dismissed for default due to non-compliance of peremptory order of this court dated 22.06.2010 by which time till 22.06.2010 was allowed to the petitioners- appellants to deposit court fee stamp of Rs. 160.10. 3. From the averments made by the learned counsel for the petitioners and the statements made in this M.J.C. petition, it appears that genuine reasons have been shown which prevented the petitioner from complying the said order within the prescribed time. However, the said order was subsequently complied on 08.09.2010. 4. Learned counsel for the respondents vehemently opposes the contentions of the learned counsel for the petitioners, 2 but in the facts and circumstances of the case, this petition is allowed and S.A. No. 447 of 2008 is restored to its original file and number. However, this order will be subject to payment of cost of Rs. 500/- by the petitioners to Mr. Subodh Kumar Sinha, learned counsel for the opposite party within 30 days. Sujit (S.N.Hussain,J.)