IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.631 of 2008 RAMPRIT BHAGAT & ORS Versus SUGAMATI & ORS ----------- 04. 27.01.2009 This petition has been filed for restoration of First Appeal no.446 of 1979 which was dismissed for default against respondents no.10 (a) and 10(b) due to non-compliance of order of this court dated 31.08.2007 by which one week peremptory time was granted to the appellants to comply the order of Lawazima Board dated 19.01.2007 for taking steps for substituted service of notice on respondents no.10 (a) and 10(b). Considering the facts and circumstances of the case as well as the statements made in the petition, it appears that genuine reasons have been shown due to which the said order could not be complied. Accordingly, this petition is allowed and F.A.446 of 1979 is restored to its original file and number with respect to respondents no.10(a) and 10(b). However, this order will be subject to the filing of an application by the petitioners in the first appeal for substituted service of notice on respondents no. 10(a) and 10(b) by 2nd February, 2009. Sunil (S. N. Hussain, J.)