IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.4559 of 2011 Ram Narayan Singh Versus Krishnadeo Singh ---------------------------------- 02/ 14.12.2011 This petition has been filed by the petitioner for restoration of S.A. No.114 of 2010 which was dismissed for default due to non-compliance of part of order dated 13.04.2010. By the said order dated 13.04.2010 this court allowed one week time for removing defect nos.1 and 3 of stamp report dated 08.04.2010. Learned counsel for the petitioner submits that both the defects were removed within the time granted by this court, but according to the office only defect no.1 was removed within time, whereas defect no.3 of the said stamp report was not removed. However, it is surprising that even after the alleged non-compliance or part compliance of order dated 13.04.2010 the case was heard on several occasions and vide order dated 18.05.2011 a Bench of this court directed that the second appeal was otherwise ready, it may be listed for hearing under Order XLI Rule 11 of the Code of Civil Procedure after summer vacation. In any view of the matter considering the facts and circumstances of the case, this petition is allowed and S.A. No.114 of 2010 is restored to its original file and number. However, this order will be subject to removal of defect no.3 of stamp report dated 08.04.2010 by the petitioner by 19.12.2011. Harish (S.N. Hussain, J.)