IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.486 of 2007 BAJRANGI SINGH & ANR Versus DAYA DEVI --------- 07/ 13.01.2010 A supplementary affidavit dated 16.11.2009 on behalf of the petitioners has been filed stating that the appellant in the Second Appeal no. 80 of 2005 was Kamala Devi who died during the pendency of the second appeal and interlocutory application for substituting her heirs had already been filed in the second appeal, hence he had not impleaded the said deceased Kamala Devi rather her heirs were impleaded in the instant MJC case as petitioners who had filed this petition. In the said circumstance, let defect with respect to the party be ignored. This petition has been filed for restoration of Second Appeal no.80 of 2005 which stood dismissed for default due to non- compliance of peremptory order of this court dated 01.05.2006 by which a Bench of this court granted four weeks time to remove stamp report defect nos. 1 to 6. Considering the averments made by the learned counsel for the petitioners and the statements made in the petition, it appears that genuine reasons have been shown on behalf of the petitioners which prevented them from complying the said order. Accordingly, this petition is allowed. Second Appeal no.80 of 2005 is restored to its original file and number. However, this order will be subject to compliance of order dated 01.05.2006 within two weeks, failing which this MJC as well as second appeal shall stand dismissed - 2 - without further reference to a Bench. If the said order is complied within the prescribed period, let the aforesaid second appeal be placed for hearing under Order XLI Rule 11 of the Code of Civil Procedure within top ten cases on 01.02.2010. shahid (S. N. Hussain, J)