IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.508 of 2009 DUKHANI DEVI & ORS Versus ASHWINI KUMAR & ORS ----------- 03/ 23.03.2009 This petition has been filed for restoration of Second Appeal No. 4 of 2005 which stood dismissed for default due to non-compliance of the order dated 29.09.2008 by which time till 17th of October, 2008 was allowed to learned counsel for the appellant for sending appeal notices to the remaining respondents, namely, respondent nos. 3 to 7. Learned counsel for the petitioners submits that due to inadvertence there was some delay in compliance of the said order and it was fully complied with on 21.10.2008. Considering the facts and circumstances of the case as well as averments made by learned counsel for the petitioners that genuine reasons have been shown due to which the said order could not be complied with within the period granted by this Court, this petition is allowed and the Second Appeal No. 4 of 2005 is restored to its original file. Office is directed to take steps as the requisites have already been filed on 21.10.2008. S.Sb/- (S.N. Hussain, J.)