IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.721 of 2011 SHYAM SUNDAR PD. AGRAWAL Versus RABINDRA NARAYAN AGRAWAL & ORS ----------- 02/ 23.03.2011 Heard learned counsel for the petitioner. This petition has been filed by the petitioner for restoration of S.A.No.298 of 2009 which was dismissed for default due to non-compliance of order dated 18.02.2010 by which one week peremptory time was allowed to the petitioner to comply order of the Lawazima Board dated 27.11.2009 by which four weeks final time was allowed to the appellant to remove defect nos. 1 &2. Considering the averments made by learned counsel for the petitioner and the statements made in the petition, it appears that genuine reasons have been shown which prevented the petitioner from complying the said order within the prescribed time. It is further stated by learned counsel for the petitioner that defect no.1 has already been removed although belatedly on 20.12.2010. In the aforesaid facts and circumstances, this petition is allowed and S.A.No.298 of 2009 is restored to its original file. However, this order will be subject to removal of defect no.2 within one week as defect no.1 already stands removed. Sunil (S. N. Hussain, J.)