IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2571 of 2007 1. ALLAUDDIN, S/o. late Md. Halim, 2. Kiyamuddin, s/o. late Md. Halim, 3. Mainudin, S/o. late Md. Halim, All are r/o. village Motisaypur, P.S. Garkha, Distt. – Saran at Chapra. ----- Appellants. Versus 1. MOHAMMAD ALI , Mahammad Ali, s/o. Mahammad Alim, and others. ---- Respondents. 5 19.11.2008 This MJC was filed on 10.10.2007 for restoration of S.A.No.361 of 2004, which stood dismissed due to non- compliance of peremptory order dated 8.02.2006 which directed for removal of some defects in the memo of appeal with a rider i.e., the defects were not removed within four weeks, the memo of appeal will stand rejected without further reference to a Bench. Learned counsel for the appellant/petitioner submits that the counsel for the petitioner/appellant did not inform the appellant in time, hence, he could not appear and get the defect removed in time. No other point is raised though there is delay in the filing of this MJC and also circumstances to indicate that due to the failure of the appellant’s counsel the order could not be complied. In the facts and circumstances of the case, this M.J.C. is allowed but with a condition precedent that the petitioner/appellant will deposit a sum of Rs.500/- with the High Court Legal Committee Services and produce the receipt within ten days. Further within seven days of the expiry of ten days from today the petitioner/appellant will get the defect removed for the non-compliance of which the memo of appeal in S.A. No.361 of 2007 has been rejected. The M.J.C. is accordingly disposed of. Mkr. (C.M. Prasad, J.)