IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.4262 of 2010 SIBIYA DEVI WIFE OF JAGARNATH MAHTO, RESIDENT OF VILLAGE MEHARPUR, P.S. LAHERI (BIHAR) DISTRICT- NALANDA Versus THE STATE OF BIHAR THROUGH THE COLLECTOR, NALANDA ******** 6 20.01.2011 Heard learned counsels for the petitioner and the State. Interlocutory Application bearing I.A. No. 9563 of 2010 has been filed for condoning the delay in filing the present M.J.C. application for restoration of the connected First Appeal No. 446 of 1987 arising out of a land acquisition matter. Learned counsel for the petitioner submits that the aforesaid appeal was dismissed for non-compliance of the Court’s order dated 23.11.2000 for depositing the deficit court fee of Rs. 511.10/- within the time allowed by the Court. Petitioner through the application under Section 5 of the Limitation Act has tried to explain the delay in filing the restoration application. It is submitted that for want of information regarding the order for depositing the deficit Court fee and further for want of information with regard to the dismissal of the appeal, the application for restoration could not be filed within time. Learned counsel further submits that with regard to the order dated 23.11.2000 the petitioner was although said to have been informed through the Post Card sent on 27.11.2000 and also through a co- villager, however petitioner could not get the post card nor could learn about the deposit of deficit court fee as also the consequential dismissal of the appeal. Learned counsel submits that in case the appeal is not restored the petitioner will suffer serious loss. Learned counsel for the State submits that although no counter affidavit has been filed but the petitioner has taken very long time to file the restoration application. Considering the submissions of the parties as also the ground stated in the main application as also the interlocutory application for the delay in filing the restoration application, the interlocutory application vide I.A. No. 9563 of 2010 for condonation of delay is allowed and further the present application for restoration is also allowed. Accordingly, the connected First Appeal No. 446 of 1987 is restored to its original file. The submission of the learned counsel for the State that the delay occasioned will not entitle the petitioner to claim any interest over the decreed amount, would be considered at the time of hearing of the appeal. As prayed for, petitioner is allowed to deposit the deficit Court fee within a period of three weeks from today, however, on the condition of deposit of cost of Rs. 200/- with the Patna High Court Legal Aid Committee. Receipt showing payment of the aforesaid cost of Rs.200/- be filed within the same time. The M.J.C. application accordingly stands disposed of. Manish/- ( Shailesh Kumar Sinha,J.)