IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.279 of 2007 DHARMDEO THAKUR @ DHARMDEO SIN Versus SHAIL SINGH SHAMDEO THAKUR ----------- 7 22.09.2008 This M.J.C. No. 279 of 2007 is filed for restoration of F.A. No.476 of 1983, which is too dismissed due to non-compliance of peremptory order dated 18.07.2005, which directed for filing of Rs.4=50 paise for issuance of notice to respondent Nos.1 (a), 7 & 8 with a rider that if the order was not complied within ten days, the appeal would stand dismissed without further reference to a Bench. The order was not complied, hence, the appeal stood dismissed. This M.J.C. application has been filed on 7.2.2007. Therefore, a limitation petition under I.A. No.659 of 2008 has also been filed with a prayer for condoning the delay in the filing of this M.J.C. application. The reason as explained in this limitation period is that the father of the counsel engaged in this case had become seriously ill and the appellant had to take him to Delhi, Vellore and other places and thus he remained engaged in treatment and the father also died during the 2 treatment. Therefore, it is submitted that due to this reason, there was delay in filing of this application. Learned counsel for the appellant submits that he is ready to file the Talwana of Rs. 4=50 Paise. Mr. Anil Kumar Sinha, the learned counsel for the respondents appeared and submitted that the peremptory order was not complied within time. In the facts and circumstances, this M.J.C. application is allowed and F.A. No.476 of 1983 is ordered to be restored to its original file as against the respondent Nos. 1(a), 7 & 8 with a condition precedent that the appellant will pay a cost of Rs.250/- to the respondents’ counsel within seven days and produce receipt thereof in the office. The appellant will also deposit the required Talwana of Rs.4=50 paise in the office within seven days. This M.J.C. application is accordingly allowed. Mkr. (C.M. Prasad, J.)