IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.5139 of 2010 SWARUP SAH Versus LUTANI DEVI & ORS ----------- 02/ 13.04.2011 Heard learned counsel for the petitioner. This petition has been filed for restoration of S.A. No. 72 of 2009, which was dismissed for default due to non-compliance of peremptory order dated 09.04.2010, by which one week time was granted to appellant-petitioner to remove defect no.3 and two weeks’ time was granted to appellant-petitioner to remove defects no. 1 and 2 of stamp report dated 05.04.2010. Considering the averments made by learned counsel for appellant-petitioner and the statements made in this petition, it appears that genuine reasons have been shown, which prevented appellant-petitioner from complying the said order dated 09.04.2010 . Accordingly, this M.J.C. petition is allowed and S.A. No. 72 of 2009 is restored to its original file and number. However, this order will be subject to compliance of the said order dated 09.04.2010 within two weeks from today. It may be noted that the time given above shall not be extended and if this order is not complied by appellant-petitioner within the aforesaid time, this M.J.C. petition as well as the said second appeal shall finally stand dismissed. MPS/ ( S. N. Hussain, J. )