IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3398 of 2009 PHULPATI DEVI Versus CHAMPA DEVI & ORS. ----------- 5. 23.06.2010 This is an application for restoration of Second Appeal No. 03 of 2005 which stood rejected due to non-compliance of the peremptory order dated 7.9.2005 which directed for deposit of deficit court fee of Rs. 1096.10 within four weeks with a rider that if it was not done, the appeal would stand rejected without further reference to a Bench. The learned counsel for the petitioner/appellant submits that he has already deposited the deficit court fee on 19.11.2009. It is also submitted that the petitioner/appellant being a lady, could not pursue the matter because there was no other male member to help her and she also remained engaged in other urgent household work. No doubt, there has been delay in the filing of this restoration application but on considering the submissions of the petitioner/appellant’s counsel and also on considering the grounds as set forth in the petition, the prayer for restoration is allowed but with a condition precedent that the appellant will deposit a sum of Rs. 400/- with the Patna High Court Legal Services Authority within five days from today and produce the receipt in the office. The deposit of the sum with the Patna High Court Legal Services Authority will be a condition precedent and non-compliance of the same will automatically entail the refusal of the restoration application. The office will also verify that the amount of deficit court fee is already in - 2 - deposit. The non-deposit of the court fee stamp will also entail the refusal of the restoration application. Thus, the restoration application is allowed on the terms and conditions as stated above. (C.M. Prasad, J.) Ravi/-