IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3570 of 2009 SYED SULTAN AHMAD Versus MD. VAKIL AHMAD ----------- 03/ 24.02.2010 This petition has been filed for restoration of S.A. No.65 of 2006 which was dismissed for default due to non- compliance of peremptory order of this court dated 25.08.2008 by which time till 27.08.2008 was granted for filing the deficit court fees. From the averments made by learned counsel for the appellant-petitioner as well as the statements made in the petition, it appears that genuine reasons have been shown which prevented the appellant-petitioner from complying the said order within the aforesaid time. However, subsequently the entire deficit court fee has been deposited on 13.11.2009 as stated in paragraph-4 of the petition. In the said circumstances, this petition is allowed and S.A.No.65 of 2006 is restored to its original file and number. Let the said second appeal be placed for hearing under Order XLI Rule 11 of the Code of Civil Procedure within top twenty cases on 08.03.2010 along with defects/applications, if any. harish/ ( S. N. Hussain, J. )