IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.5130 of 2010 AZIZUL HAQUE Versus MD. MOTIUR RAHAMAN & ORS ----------- 02/ 05.01.2011 This petition has been filed for restoration of I.A. No.3387 of 2009 (filed in S.A. No.294 of 2008) which was dismissed for default due to non-compliance of peremptory order dated 25.08.2009 by which two weeks time was allowed to the appellant- petitioner for filing an affidavit with respect to the date of death of respondent no.2 and also for filing an application for condoning the delay and setting aside abatement within the same time. Considering the averments made by Mr. Gautam Kumar Yadav learned counsel for the petitioner and the statements made in the petition it appears that genuine reasons have been shown which prevented the petitioner from complying the said order. Accordingly, this petition is allowed and S.A. No.294 of 2008 is restored to its original file and number. However, this order will be subject to filing of an affidavit with respect to the date of death of respondent no.2 in I.A. No.3387 of 2009 and also filing of an application for condoning the delay and setting aside abatement within one week from today. Harish (S.N. Hussain, J.)