IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3100 of 2010 SUBHAS CHAUBEY Versus SUSHILA DEVI & ORS. ----------- 2. 25-08-2010 1. This petition has been filed for restoration of S.A. NO. 45 of 2008 which was dismissed for default due to non-compliance of peremptory order dated 14-01-2009 by which one week time was allowed to the petitioner for filing deficit court fee of Rs. 160.10. 2. Learned counsel for the petitioner submits that inadvertently deficit court fee of Rs. 160/- was filed by the petitioner on 19-01-2009 i.e. within the time granted by this court, but only stamp of 10 paise could not be filed due to clerical mistake. 3. Considering the averments made by the learned counsel for the petitioner and the statements made in this M.J.C petition, it appears that genuine reasons have been shown which prevented the petitioner from removing the defect of the Stamp Report within the time prescribed. 4. Accordingly, this M.J.C. petition is allowed and S.A. NO. 45 of 2008 is restored to its original file and number. However, this order will be subject to compliance of deposit of deficit court fee within one week. Sujit (S.N.Hussain, J.)