IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1482 of 2011 AZIZUL HAQUE Versus MD. MOTIUR RAHMAN & ORS ----------- For the Petitioner : M/s Arshad Alam and Gautam Kumar Yadav, Advocates. For the Opp. Parties: Mrs. Saba Ashfaque, Advocate --------- 03/ 20.04.2011 Heard learned counsel for the petitioner and learned counsel for the opposite parties. 2. This case has a chequered history. S.A. No. 294 of 2008 was filed by appellant-petitioner, in which I.A. No. 3387 of 2009 was also filed on 19.05.2009 for substituting the heirs of respondent no.2 Manzar Alam. The said interlocutory application was considered by this Court on 25.08.2009 when two weeks time was allowed to appellant-petitioner to file an application for condoning the delay and setting aside abatement, failing which, the interlocutory application was to stand dismissed without further reference to a Bench. 3. The said order was not complied and the said interlocutory application stood rejected, hence M.J.C. No. 5130 of 2010 was filed by appellant-petitioner, which was allowed by this Court on 05.01.2011 and the said application was restored, but the said restoration was made subject to filing of an affidavit with respect to the date of death of respondent no.2 and also filing of an application for condoning the delay and setting aside abatement within one week. 4. It transpires that a supplementary affidavit dated 2 07.01.2011 has been filed by appellant-petitioner stating the date of death of respondent no.2, but inadvertently no prayer for condoning the delay and setting aside abatement has been made in the said affidavit and hence the aforesaid order dated 05.01.2011 was nullified. 5. In the said circumstances, this M.J.C. No. 1482 of 2011 has been filed by appellant-petitioner for extension of time for filing an interlocutory application for condoning the delay and setting aside abatement . 6. Considering the averments made by learned counsel for the parties, it appears that genuine reasons have been shown, due to which the said order dated 05.01.2011 has only been partly complied. Accordingly, this M.J.C. petition is allowed and the time granted in order dated 05.01.2011 passed in M.J.C. No. 5130 of 2010 is extended up to 25.04.2011 for filing an application for condoning the delay and setting aside abatement with respect to respondent no.2 in the second appeal. 7. This order will be subject to payment of cost of Rs.2,500.00 (Rupees two thousand five hundred only ) by the appellant to Mrs. Saba Ashfaque, learned counsel for respondents- opposite parties within one week. MPS/ ( S. N. Hussain, J. )