IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.194 of 2010 VIJAY KUMAR Versus SMT. DEEPA DEVI @ DEEPA KUMARI ----------- 10 03.11.2010 Heard Mr. Dronacharya, learned counsel for the petitioner. No one appears on behalf of the opposite parties despite service of notice. I.A. No. 4608 of 2010 has been filed for condoning the delay in preferring this application. It is submitted that the order dated 22.10.2008 passed in M.A. 498 of 2008 was complied with after expiry of 13 days of the time granted by this Court, thus, the appeal was dismissed for non- compliance of this Court’s order on 06.11.2008. Learned counsel further submitted that the factum of dismissal remained unnoticed by the petitioner, as the memo of dismissal was not served upon him. Thereafter, when the appeal was not listed after lapse of time under Order XLI Rule 11 of the Code of Civil Procedure for hearing, then inquiry was made by the petitioner and it was found that the appeal had already been dismissed on account of 2 delayed compliance of the order passed by this Court. In the facts and circumstances of the case this Court is satisfied that the petitioner was prevented from sufficient cause in preferring this application within time. As a result, this application is allowed and the delay in preferred MJC No. 194 of 2010 is hereby condoned. Now I proceed to consider this MJC application on its own merit. This application has been filed for restoration of M.A. No. 498 of 2008, which stood dismissed for non-compliance of order dated 22.10.2008 passed by this Court. Learned counsel for the petitioner submitted that due to mistake of his office, the requisites etc. were filed on 18.11.2008, which should have been filed on 06.11.2008, as a result of which the aforesaid appeal was dismissed. On being satisfied with the reasons mentioned in paragraph nos. 2 to 4 for delayed compliance of order dated 22.202008 passed in M.A. No. 3 498 of 2008, this application is allowed and M.A. No. 498 of 2008 is restored to its original file and number. SC ( Dr. Ravi Ranjan, J.)