IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2510 of 2008 BAL KISHORE PRASAD GUPTA Versus SUDAMI DEVI & ORS. ----------- 03/ 15.12.2008 This petition has been filed for restoration of S.A. No.67 of 2005. The said second appeal was dismissed for default due to non-compliance of order dated 23.06.2006 by which one week time was allowed to the appellant-petitioner to file certified copy of decree under appeal. The said order could not be complied and hence the second appeal stood dismissed for default and for restoration of the second appeal, MJC. No. 696 of 2008 was filed by the petitioner, which was heard on 08.08.2008 and was allowed and S.A No. 67 of 2005 was restored to its original file and number but it was made subject to compliance of order dated 23.06.2006 within one week. Learned counsel for the petitioner submits that due to inadvertence he thought that the order of this court dated 08.08.2008 was to comply order dated 23.06.2006 within one month and not within one week and hence the order was complied on 10.09.2008. He further submits that during that period he was very disturbed due to serious ailments of his father for which he had taken him to Madras. Considering the facts and circumstances of the case, this petition is allowed, S.A. No. 67 of 2005 is restored to its original file and number and the time granted vide order dated 2 08.08.2008 passed in MJC No.696 of 2008 is extended up to 10.09.2008 the date on which required certified copy was filed by the appellant in the second appeal. harish/ ( S.N.Hussain, J.)