IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1044 of 2008 DEONARAIN BHARTI & ORS Versus NAND KUMAR PRASAD & ORS ----------- 4/ 02-09-2008 I..A. No.4980 of 2008 has been filed on behalf of the petitioner for condoning the delay in filling 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 due to which the delay was caused. Accordingly, this interlocutory application is allowed and delay in filing of the aforesaid M.J.C. petition is condoned. This M.J.C. petition has been filed for restoration of Second appeal No. 316 of 1994 which stood dismissed for default due to non-compliance of order dated 19.06.2006 against respondent nos. 1 to 13 and consequently by order dated 25.04.2007 the entire second appeal was dismissed as having become incompetent due to dismissal of the second appeal against the main respondents. Considering the averments made by the learned counsel for the petitioners and the statements made in the petition it appears that genuine reasons have been shown due to which the said order of this Court could be complied. In the said circumstances this M.J.C. petition is allowed and the Second Appeal No. 316 of 1994 is restored to its original file and number. However , this order will be subject to compliance of the order of this Court dated 19.06.2006 by 08.09.2008. B.Tiwary/ (S.N Hussain,J)