IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3228 of 2009 MOSTT. BIBI BASIRAN & ORS. Versus SMT. KRISHNA DEVI & ORS. ----------- 5. 19.07.2010 Vide this Court’s order dated 12th July 2010, S.A.No. 248 of 2004 which stood dismissed as a result of non-compliance of peremptory order dated 6th July 2005 was ordered to be restored, in view of the order dated 10th August 2005 of the Registrar General, as passed therein, in the way that the said order dated 10th August 2005 of the Registrar General was treated to be a full compliance of the said peremptory order dated 6th July 2005. But on perusal of the record, it appears that in view of the office report dated 19th August 2005 in S.A.No. 348 of 2004, the compliance of the said order darted 10th August 2005 of the Registrar General was simply a part compliance of the peremptory order dated 6th July 2005 and thus, there was no full compliance of the peremptory order and, as a result of such part compliance, the S.A.No.248 of 2004 had stood dismissed. Earlier while the order darted 12th July 2010 was passed therein the said part compliance of the peremptory order dated 6th July 2005 was not pointed out and it was mistakably treated as full compliance of the peremptory order dated 6th July 2005. In such view of the matters, the order dated 12th July 2010 needs to be modified. Accordingly, the order dated 12th July 2010 is modified to the extent that the petitioner/appellant will make the full compliance of the peremptory order darted 6th July 2005 within 10 days from to-day. This order directing full compliance will be treated as a condition precedent for the restoration of S.A.No. 248 of 2004. In case the full compliance of the peremptory order dated 6th July 2005 is not done within the condition precedent time i.e. 10 days from to-day, this Court’s order dated 12th July 2010 restoring S.A.No. 248 of 2004 will stand recalled. Jay/ (C. M . Prasad, J.)