IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1068 of 2009 RAM BARAN MANDAL Versus STATE OF BIHAR THROUGH COLLECTOR BHAGALPUR. ---------- 06/ 28.04.2010 I.A. No. 5240 of 2009 has been filed on behalf of the petitioner for condoning delay in the filing of the MJC petition. Considering the averments made by the learned counsel for the petitioner and the statement made in the interlocutory application, it appears that genuine reasons have been shown which prevented the petitioner from filing this petition earlier. Accordingly, this interlocutory application is allowed and delay in the filing of this MJC case is condoned. Heard learned counsel for the petitioner. This petition has been filed for restoration of First Appeal no.750 of 1979 which stood dismissed due to non-compliance of peremptory order of this court dated 28.08.2006 by which one week time was granted to the appellant to comply the order of Lawazima Board dated 14.12.2000. By the said order dated 14.12.2000 four weeks final time was granted to file appellant list and also to deposit initial printing cost by the appellant. 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 learned counsel for the appellant-petitioner from complying the said order within the prescribed period. Accordingly, this petition is allowed. First Appeal no.750 of 1979 is restored to its original file and number. However, this order will be subject to compliance of the - 2 - aforesaid order of this court dated 28.08.2006 by tomorrow. shahid (S. N. Hussain, J)