IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3497 of 2009 RANGLAL MISTRI & ANR. Versus SMT. GIRIJA DEVI & ORS. ----------- 02/ 01.12.2009 This petition has been filed for restoration of I.A. No. 5745 of 2007 ( in S.A. No. 87 of 2003), which stood dismissed due to non-compliance of order dated 15.09.2009 within the time prescribed in the said order. 2. It transpires that the said I.A. No. 5745 of 2007 was filed for substitution of heirs of deceased respondent no.6 in the second appeal but it was beyond the period of limitation and hence vide order dated 15.09.2009 peremptory time till 12.10.2009 was granted to the appellants-petitioners to file an interlocutory application for setting aside abatement and condoning the delay in filing of the application for substitution. 3. Learned counsel for the appellants-petitioners submits that for the reasons mentioned in the petition, he could not comply the said order within the aforesaid time, but filed the required application bearing I.A. No. 6503 of 2009 two days later i.e. on 14.10.2009 and he missed it by two days. He further submits that the said mistake was due to miscomprehension and reasons beyond his control. 4. In the said facts and circumstances, this petition is allowed and I.A. No. 5745 of 2007 is restored to its original file and number. 5. Let the aforesaid interlocutory application bearing I.A. No. 5745 of 2007 be placed along with I.A. No. 6503 of 2009. MPS/ ( S.N. Hussain, J. )