IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.761 of 2010 SHAILENDRA BHUSHAN LABH & ANR. Versus MANI BHUSHAN LABH & ORS. ----------- 02/ 10.03.2010 Heard learned counsel for the petitioners. 2. This petition has been filed for restoration of Second Appeal No. 147 of 2006, which was dismissed for default due to non-compliance of order dated 03.12.2009, by which two weeks’ peremptory time was allowed to the appellants to file an affidavit regarding jointness of respondent no. 2,3 and 4 with respondent no.1. 3. Considering the averments by learned counsel for the petitioners and the statements made in this petition, it appears that genuine reasons have been shown, which prevented learned counsel for the appellants from complying the said order within time. However, the said order has been complied by the appellants on 23.02.2010. In the said circumstances, this petition is allowed and Second Appeal No. 147 of 2006 is restored to its original file and number. Office is directed to place the said second appeal under the heading `For Orders’ on 15.03.2010 for considering the aforesaid affidavit filed on 23.02.2010. MPS/ ( S. N. Hussain, J. )