IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3605 of 2008 UNITED INDIA INSURANCE COMPANY LTD. Versus PINKI DEVI & ORS ----------- 03. 17.02.2009 This petition has been filed for restoration of MJC no.1289 of 2008 which was dismissed for default due to two days delay in compliance of order dated 15.10.2008 by which one week peremptory time was granted to comply the order of this court dated 08.11.2007 passed in M.A.No.428 of 2006. By order dated 08.11.2007 passed in M.A.No.428 of 2006, two weeks peremptory time was allowed to the appellant to comply the order of Lawazima Board by which certified copy of the impugned order was directed to be filed. The said order not having been complied, the miscellaneous appeal was dismissed, whereafter MJC no.1289 of 2008 was filed by the appellant-petitioner for restoration of the miscellaneous appeal. However, by order dated 15.10.2008, the said petition was allowed and the miscellaneous appeal was restored to its original file and number, but that order was made subject to compliance of the order dated 08.11.2007 passed in miscellaneous appeal within one week. Now learned counsel for the petitioner submits that the said order dated 15.10.2008 was to be complied within 22.10.2008 and since the petitioner-appellant was facing difficulty in complying the said order, he filed I.A.No.6371 of 2008 in the miscellaneous appeal on 22.10.2008, i.e. within time, for extension of the period granted by this court vide order dated 15.10.2008. - 2 - Subsequently on 24.10.2008, the said order was complied by the petitioner-appellant, but that was two days beyond the period granted by this court and hence the instant MJC case has been filed for restoration of the earlier MJC case. Considering the facts and circumstances of the case as well as the averments made by learned counsel for the petitioner and the statements made in the petition as well as in I.A.No.6371 of 2008, it appears that delay was caused due to genuine reason and the said order has been dully complied, although two days later. In the said circumstances, this MJC case bearing MJC No.3605 of 2008 along with MJC No.1289 of 2008 are allowed and M.A.No.428 of 2006 is restored to its original file and number. Sunil (S. N. Hussain, J.)