IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3295 of 2008 JAGDISH SINGH Versus FULWA DEVI & ORS ----------- 03. 12.02.2009 This petition has been filed for restoration of Second Appeal No.140 of 2005 which was dismissed for default due to non- compliance of peremptory order of this court dated 28.03.2008 by which one week time was allowed to learned counsel for the appellant to remove defect no.8 by way of filing a plain typed copy of the judgment under appeal. From the averments made by learned counsel for the petitioner and the statements made in the petition, it appears that genuine reasons have been shown which prevented the appellants from complying the said order within the prescribed time, but subsequently the said order was complied on 25.11.2008. In the said circumstances, this petition is allowed and Second Appeal No.140 of 2005 is restored to its original file and number. Office is directed to list the said second appeal on 16th February, 2009 under the heading ‘for hearing under Order XLI Rule 11 of the Code of Civil Procedure within top five cases. Sunil (S. N. Hussain, J.)