IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1353 of 2007 BHAGWAR BHAGAT Versus KAMLA BHAGAT & ORS ----------- 5 16.07.2008 This restoration application has been filed on 30th May 2007 with a prayer for restoring S.A.No.56 of 2005 which stood dismissed due to non-compliance of peremptory order dated 1st March 2006 with regard to filing of certified copy of the judgment under appeal with authentication fee of Rs.10/-. Learned counsel submitted that on the day when the appeal was listed and peremptory order was passed, the clerk of the counsel could not mark the list and due to this mistake and he had no knowledge about the peremptory order, hence, he could not comply the order in time. Anyway, there has been also delay in filing the restoration application. Learned counsel for the petitioner submits that the petitioner is ready with the certified copy of the judgment under appeal and the authentication fee which can be filed immediately. Considering all the circumstances, this restoration application is allowed on a condition precedent that the petitioner will deposit the cost of Rs.500/- (five hundred) with - 2 - the Patna High Court Legal Service Committee within a week and will deposit the receipt of the same in the Office and the required certified copy of the judgment under appeal as well as the authentication fee of Rs.10/- will also be filed within the said period. Jay/ (C.M.Prasad,J)