IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.4212 of 2009 MD. NAYEEMUDDIN Versus SURAJ MAHTO ----------- 04/ 14.07.2010 This petition has been filed for restoration of Second Appeal No.108 of 2006 which was dismissed for default due to non-compliance of order of this court dated 16.08.2007 by which one week peremptory time was allowed to comply the order of Lawazima Board dated 19.01.2007 by removing stamp report defect nos. 1 to 6 dated 11.05.2006 and also to file an interlocutory application for condoning the delay in the filing of the second appeal. Considering the facts and circumstances of the case as well as the averments made by learned counsel for the petitioner it appears that genuine reasons have been shown which prevented learned counsel for the petitioner from complying the aforesaid order. Accordingly, this petition is allowed and Second Appeal No.108 of 2006 is restored to its original file and number. However, this order will be subject to compliance of the entire order dated 16.08.2007 within one week. Sunil (S. N. Hussain, J.)