IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3754 of 2010 SHASHI BHUSHAN PRASAD Versus THE STATE OF BIHAR & ORS ----------- 2. 22.09.2010 1. This petition has been filed for restoration of S.A. No. 503 of 2009, which was dismissed for default due to part compliance of peremptory order dated 30.04.2010 of this court by which one week time was allowed to the appellant to remove Defect Nos. 2 and 3 of Stamp Report dated 18-01-2010 and four weeks time was allowed to the appellant to file interlocutory application for condoning the delay. 2. It transpires that so far as Defect No. 2 of the Stamp Report was concerned, it was removed on 07.05.2010 but the remaining steps could not be taken within the time prescribed and the second appeal was dismissed for default. 3. Considering the averments made by learned counsel for the petitioner and the statements made in the petition, it appears that genuine reasons have been show due to which the said peremptory order could not be complied within the prescribed time. 4. Accordingly, this petition is allowed and S.A. No. 503 of 2009 is restored to its original file and number. However, this order will be subject to filing of interlocutory application for condoning the delay in the S.A. No. 503 of 2009 as well as page to page typed copy of certified copy of decree under appeal within one week. Sujit (S. N. Hussain, J.)