IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1268 of 2009 BISHWANATH PANDEY & ANR Versus JAGARNATH PANDEY & ORS ----------- 04/ 19.05.2010 As prayed for let defect nos.1 to 4 of stamp report dated 02.06.2009 be removed in course of the day. This petition has been filed for restoration of S.A.No.219 of 2006 which was dismissed for default due to non-compliance of order of this court dated 24.09.2007 by which one week peremptory time was allowed to the appellants to comply order of Lawazima Board dated 26.02.2007 for removal of defect nos.1 to 6 of stamp report dated 13.11.2006. Learned counsel for the petitioners submits that he duly removed defect nos.1 to 4 within the time, but due to wrong calculations of time defect nos.5 and 6 could not be removed. Considering the averments made by learned counsel for the petitioners as well as the statements made in the petition it appears that genuine reasons have been shown which prevented the petitioners from removing defect nos.5 and 6 within the time prescribed. Accordingly, this petition is allowed and S.A. No.219 of 2006 is restored to its original file and number. However, this order will be subject to removal of defect nos.5 and 6 of the said stamp report by 21.05.2010. If the said order is complied, let the second appeal be placed for hearing under Order XLI Rule 11 of the Code of 2 Civil Procedure in the second week of July, 2010. harish/ ( S. N. Hussain, J. )