IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1135 of 2009 SRI SHYAM SUNDER JHUNJHUNWALA Versus NAND KISHORE JHUN JHUNWALA &ORS. ----------- 03/ 06.04.2009 I.A. No.1942 of 2009 has been filed on behalf of the petitioner for condoning the delay in the filing of the M.J.C. case. Considering the averments made by learned counsel for the parties as well as the statements made in the interlocutory application, it appears that genuine reasons have been shown due to which M.J.C. could not be filed earlier. Accordingly, I.A. No.1942 of 2009 is allowed and delay in the filing of the M.J.C. is condoned. Heard learned counsel for the petitioner and learned counsel for the opposite parties. This M.J.C. has been filed for restoration of I.A. No.4067 of 2006, which was filed in S.A. No.557 of 1993, as the said interlocutory application was dismissed for default due to non- compliance of order of a Bench of this court dated 10.04.2008 by which three weeks peremptory time was granted to the appellant to remove the defect in paragraph-3 of I.A. No.4067 of 2006 and also to serve a copy thereof on learned counsel for the respondents. The ground taken by the petitioner is that learned counsel for the appellant in the second appeal Mr. Rai Ramesh Prasad, Advocate failed to mark the list on the said date as his mother was seriously ill and he was busy in her treatment, whereas the other learned counsel Mr. Kumar Alok, Advocate was appointed as Standing Counsel No.19 and was busy with the State files with an 2 impression that the case will be attended by the other learned counsel Mr. Rai Ramesh Prasad, Advocate and they came to know about the said order only when the case was listed before this court on 06.03.2009. In the aforesaid facts and circumstances, it transpires that genuine reasons have been shown due to which the said order could not be complied. Accordingly, this M.J.C. petition is allowed and I.A. No.4067 of 2006 filed in S.A. No.557 of 1993 is restored to its original file and file. harish/ ( S.N.Hussain, J.)