IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.340 of 2008 RAMANAND MAHTON Versus BRAHMADEO MAHTON & ORS ----------- 04. 09.02.2009 This petition has been filed for restoration of S.A.No.207 of 2006 which stood dismissed for default due to non-compliance of order dated 20.09.2007 by which two weeks time was granted to remove defects no. 1 to 3 as per the stamp report dated 30.10.2006. It is stated that defects no.2 and 3 were removed within the time prescribed, but defect no.1 could not be removed as the certified copy of decree under appeal was not available due to flood. Considering the facts and circumstances of this case, it appears that genuine reasons have been shown due to which the appellants were prevented from filing certified copy of the decree under appeal. Accordingly, this petition is allowed and Second Appeal No. 207 of 2006 is restored to its original file and number. However, this order will be subject to filing of the said certified copy of the decree under appeal within one week from today. Office must take notice that even if the aforesaid order is complied, there will be a long delay of over a year in filing the certified copy of the decree under appeal and hence, it should be reported as to whether the appeal has become barred by the law of limitation. Sunil (S. N. Hussain, J.)