1 IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3806 of 2010 Sayeeda Khatoon & Ors. . Versus Sonmanti Devi & Ors. . ----------- 03/ 23.11.2011 This application has been filed for restoration of Second Appeal No. 125 of 2005, which stood dismissed on 25.08.2010 due to non-compliance of peremptory order dated 07.07.2010 passed in M.J.C. No. 3918 of 2009. It transpires that peremptory order dated 20.02.2009 was passed in Second Appeal No. 125 of 2005 for removing defect no. 1, 2 and 4 as per stamp report dated 03.05.2005. However, the said order was not complied and the second appeal was dismissed on 28.02.2009. It further transpires that M.J.C. No. 3918 of 2009 was filed by the petitioner for restoration of the said second appeal. The said restoration petition was allowed by this Court on 07.07.2010 and Second Appeal No. 125 of 2005 was restored to its original file and number subject to full compliance of order dated 20.02.2009 passed in the second appeal within one week. It transpires that the said order was also not complied and hence, the second appeal remained dismissed for default. In the said circumstances, this M.J.C. No. 3806 of 2010 has been filed for restoration of the second appeal. From the materials on record, it is quite apparent that the petitioner had to file typed copy of the decree in appeal as well as Rs.10/- as authentication fees, but none of them were filed by the petitioner and only one out of two pages of the decree in appeal could be filed, 2 for which certain reasons has given by the petitioner, considering which, this petition is allowed. Second Appeal No. 125 of 2005 is restored to its original rile and number, but this order will be subject to two conditions. The first is that he must file typed copy of both the pages of decree under appeal and Rs.10/- as authentication fees in Court by 25th of November, 2011 and secondly he must deposit Rs.500/- as cost before Patna High Court Legal Aid Services Committee within one month from today. It may be noted that if any of the aforesaid conditions is not satisfied this MJC petition as well as Second Appeal No. 125 of 2005 shall be dismissed. DKS/ (S.N. Hussain, J.)