IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.165 of 2006 M/S KISAN KHAD BHANDAR & ORS Versus FERTILIZER CORPORATION OF INDI ----------- 3 14.08.2008 This M.J.C. application has been filed with a prayer for restoring F.A. No.9 of 2004, which was dismissed due to non-compliance of the peremptory order which had directed for the dismissal of the appeal if the deficit court fee of Rs.8934/- was not deposited within three weeks. As also averred in the petition, supported with photo copy of descriptions with regard to the treatment of the petitioner/appellant. Learned counsel for the petitioner/appellant submits that during the relevant time the petitioner/appellant was under treatment in connection with acute infection in his leg and that during treatment his right toe had also to be imputed. Learned counsel says that due to this difficulty the petitioner/appellant could not comply the peremptory order due to lack of money and he being away in connection with treatment and that now he is ready to deposit the deficit court-fee within the shortest period 2 about two weeks. In the facts and circumstances and the reasons as shown, I feel satisfied about the restoration of the said F.A. No.9 of 2004. Therefore, this application is allowed but with a condition precedent that the appellant will deposit the deficit court-fee within two weeks and only thereafter the F.A. No.9 of 2004 will be restored to its original file. Mkr. (C.M. Prasad, J)