IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3188 of 2008 MOSTT. PARABETI KUAR @ DEVI & ORS Versus MOHAN PRASAD & ORS ----------- 02/ 07.10.2009 This petition has been filed for restoration of S.A. No.179 of 2005 which stood dismissed for default due to non- compliance of peremptory order of this court dated 24.10.2008 by which the requisites for notices to the respondents were directed to be filed by 07.11.2008. Learned counsel for the petitioners submits that due to some unavoidable reasons there was a delay of four days in the filing of the said notices, which were filed by the appellants on 11.11.2008 in the said second appeal. Considering the averments made by learned counsel for the petitioners and also finding the genuineness of his submissions, this petition is allowed and S.A. No.179 of 2005 is restored to its original file and number. Office is directed to take steps for issuance of appeal notices to respondents as requisites have already been filed in the aforesaid second appeal. harish/ ( S. N. Hussain, J. )