IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.277 of 2008 MD. RAFIQUE & ANR Versus DEV NATH MISHRA & ANR ----------- 2 27.08.2008 This petition has been filed for restoration of Second Appeal No. 219 of 2004 which was dismissed for default for non-compliance of the order dated 9.8.2007, by which one week peremptory time was granted to the appellant/petitioner for filing deficit court fee. Considering the facts and circumstances of the case as well as the statement made in the petition, it appears that genuine reasons have been shown by the petitioner. Accordingly this petition is allowed and Second Appeal No. 219 of 2004 is restored to its original file. However, this order will be subject to compliance of the said order dated 9.8.2007 within one week, if not yet complied. pkj (S.N.Hussain,J)