IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1919 of 2008 1. Shailendra Bhushan Labh. 2. Bibhuti Bhushan Labh Both sons of late Ramchandra Labh, resident of Village- and P.O. Bakhari Kesho, P.S. Gaighat, District- Muzaffarpur. Defendant-Appellants-Appellants-petitioners. Versus 1. Mani Bhushan Labh 2. Shashi Bhushan Labh 3. Gauri Bhushan Labh 4. Mithilesh Kumar Labh 5. Indra Bhushan Labh All resident of village and P.O. Bakhari, Kesho, P.S. Gaighat, District- Muzaffarpur. …Plaintiff-Respondents-Respondents-Opp.Parties. ----------- 3/ 21-10-2008 This petition has been filed for restoration of Second Appeal No.147 of 2006 which was dismissed for default due to non- compliance of order of this Court dated 08.11.2007 by which two weeks’ time was granted to learned counsel for the appellants to comply the order of Lawazima Board dated 26.07.2007 with regard to filing of the certified copy of decree under appeal. It is surprising that certified copy of decree under appeal was not filed along with the memorandum of appeal which was filed in this Court in July, 2006 and even after the order of the Lawazima Board dated 26.07.2007 and the order of a Bench of this Court dated 08.11.2007 the same was not filed and it was subsequently filed after about two years, on 31.07.2008. However, some reasons for the delay in the filing of the certified copy of the decree under appeal has been shown by learned counsel for the petitioners which has also been stated in the restoration petition. Considering the facts and circumstances of the case this - 2 - petition is allowed and S.A.No. 147 of 2006 is restored to its original file and number. However, this order will be subject to payment of cost of Rs. 500/- (Rupees Five hundred only) by the petitioners/ appellants to learned counsel for respondents no. 1,5 and 6, who had appeared in the second appeal, within one month. Let the certified copy of the decree under appeal filed by the appellants on 31.07.2008 be accepted. B.Tiwary/ (S.N Hussain,J)