IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3289 of 2009 ABDUL MANAN @ MD. MANAN & ORS. Versus BIBI SAKINA KHATOON & ORS. ----------- 03/ 05.05.2010 Heard learned counsel for the petitioners. This petition has been filed for restoration of S.A.No.157 of 2007 which was dismissed for default due to part compliance of order of this court dated 21.05.2009 by which peremptory time till 29.06.2009 was allowed to the appellants to remove stamp report defect nos.1 to 5. It transpires that the other defects were removed, but plain typed copy of certified copy of the decree under appeal was not filed and accordingly the said second appeal stood dismissed Considering the facts and circumstances of the case it appears that genuine reasons have been shown due to which the said order could not be fully complied. Accordingly, this petition is allowed and S.A. No.157 of 2007 is restored to its original file and number. However, this order will be subject to filing of the plain typed copy of certified copy of the decree under appeal by Friday (07.05.2010). harish/ ( S. N. Hussain, J. )