IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3466 of 2009 PREMA DEVI Versus MOHAMMAD SHABUDDIN & ORS. ----------- 3. 3.3.2010 It is stated by learned counsel for the petitioner that the order dated 21.5.2009 could not be complied with by him within the peremptory time granted, as he could not appear on the date when the said order was passed and subsequently after learning about the same on 31.8.2009 immediately on the next day, i.e., 1.9.2009,the requisites of notice with respect to respondent No.8 had already been filed. In the above circumstances, the order dated 21.5.2009 passed in M.A. No.202 of 2007 is modified to the extent that the time for taking steps for fresh service of notice on respondent No.8 shall stand extended to 1.9.2009. In the said circumstances, the notice filed by the petitioner is held to be within the extended period allowed. Misc. Appeal No. 202 of 2007 is, accordingly, restored to its original file. The present application is, thus, allowed. VPS ( Ramesh Kumar Datta, J. )