IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.778 of 2010 RAJ KISHORE MAHTO S/O LATE SAGAR MAHTO RESIDENT OF VILLAGE AND P.O. CHADHUA, P.S. KURHANI DISTRICT MUZAFFARPUR ….. PETITIONER Versus 1. SMT. HEERA DEVI D/O LATE RAM CHANDRA MAHTO W/O RAM PRIT MAHTO RESIDENT OF VILLAGE AJITPUR, P.S. SARAIYA, DISTRICT MUZAFFARPUR 2. SMT. KUSHMI DEVI D/O LATE RAM CHANDRA MAHTO, W/O SRI CHATURBHUJ MAHTO RESIDENT OF VILLAGE BASANTPUR, P.S. SARAIYA, DISTRICT MUZAFFARPUR 3. SMT. RESHMI DEVI W/O SRI RAMCHANDRA MAHTO RESIDENT OF VILLAGE MAGRSA, P.S. BHAGWANPUR, DISTRICT VAISHALI 4. SRI RUDAL MAHTO S/O LATE RAM CHANDRA MAHTO RESIDENT OF VILLAGE MAHADDIPUR, P.O.- BHAGWANPUR TARI, P.S. VAISHALI, DISTT.- VAISHALI 5. SRI RAM PRAVESH MAHTO S/O LATE RAM CHANDRA MAHTO RESIDENT OF VILLAGE MAHADDIPUR, P.O.- BHAGWANPUR RATI, P.S. VAISHALI, DISTT.- VAISHALI 6. SMT. SRIWATI DEVI W/O MAHENDRA MAHTO RESIDENT OF VILLAGE CHADHUA, P.S. KURHANI DISTRICT MUZAFFARPUR 7. MOSTT. MEENA DEVI W/O LATE BAIDYANATH MAHTO RESIDENT OF VILLAGE AND P.O. CHADHUA, P.S.- KURHANI, DISTRICT MUZAFFARPUR 8. SRI BIRENDRA MAHTO S/O LATE BAIDYANATH MAHTO RESIDENT OF VILLAGE AND P.O. CHADHUA, P.S.- KURHANI, DISTRICT MUZAFFARPUR 9. RABINDRA MAHTO S/O LATE BAIDYANATH MAHTO RESIDENT OF VILLAGE AND P.O. CHADHUA, P.S.- KURHANI, DISTRICT MUZAFFARPUR 10. ABODH MAHTO S/O LATE BAIDYANATH MAHTO RESIDENT OF VILLAGE AND P.O. CHADHUA, P.S.- KURHANI, DISTRICT MUZAFFARPUR 11. SMT. KRISHNA DEVI W/O BHOLA MAHTO RESIDENT OF VILLAGE SIRISIAN, P.S. BHAGWANPUR, DISTRICT VAISHALI … .. OPPOSITE PARTIES ----------- 02/ 04.05.2011 This M.J.C. petition has been filed for restoration of S.A. No. 41 of 2007, which was dismissed for default due to non- compliance of the order of this Court dated 31.08.2009, by which two weeks’ peremptory time was granted to the appellant to remove defects no. 1,2,3,4 and 7 the of stamp report dated 20.03.2007. - 2 - 2. Considering the facts and circumstances of the case as well as the statements made in the petition, it transpires that the petitioner has been able to show genuine reasons due to which the order was not complied . Accordingly, this M.J.C. petition is allowed and S.A. No. 41 of 2007 is restored to its original file and number . However, this order will be subject to compliance of the aforesaid order dated 31.08.2009 within one week from today. However, it may be noted that if this order is not complied within the aforesaid period no extension shall be granted to the petitioner and instant petition as well as S.A. No. 41 of 2007 shall stand finally dismissed. (S.N.Hussain, J.)