IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1642 of 2011 Nejabul Khan & Ors Versus Abdul Rahim & Ors ---------------------------------- 03/ 14.12.2011 This petition has been filed by the petitioners for restoration of S.A. No. 41 of 2005, which was dismissed for default due to non-compliance of peremptory order dated 01.05.2006, by which one week time was allowed to the petitioner-appellants to comply the order of the Lawazima Board dated 09.01.2006 for removing defect no.2 of stamp report dated 10.02.2005 and defect no. `A’ of stamp report dated 06.10.2005. 2. It transpires that as per the aforesaid order, defect no.2 of stamp report dated 10.02.2005 was removed, but defect no. `A’ of stamp report dated 06.10.2005 with respect to filing of pagewise plain typed copy of the judgment of the trial court was not removed. 3. Although learned counsel for the opposite parties vehemently opposes the contention of learned counsel for the petitioners, but from the facts and circumstances it appears that genuine reasons have been shown, due to which the said part of the order in question was not complied and default had occurred. 4. In the said circumstances, this petition is allowed and S.A. No. 41 of 2005 is restored to its original file and number. However, this order will be subject to compliance of the said order by filing the required plain typed copy of the judgment of the trial court - 2 - by 16.12.2011. This order will be also subject to payment of cost of Rs.1,000.00 by the petitioners to learned counsel for the opposite party, namely, Mr. Brij Kishore Mishra, Advocate within one month. MPS/ (S.N.Hussain, J.)