IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.946 of 2009 BAL BHUSHAN PRASAD & ANR Versus THE STATE OF BIHAR ----------- 04. 29.04.2011 Heard learned counsel for the petitioner and the State. This application has been filed for restoration of First Appeal No. 440 of 1987, dismissed for non compliance of the order dated 21st of November 2000 whereby petitioner was granted six weeks time for depositing the deficit court fee of Rs. 299.10/- and an interlocutory application no. 1558 of 2009 has been filed for condoning the delay in filing the restoration application. It is submitted that although counsel for the appellant of the said appeal sent a post card communicating the appellant for depositing the above court fee, however, the appellant could not get the communication in time. Learned counsel for the State submits that restoration could not be allowed without any cost and the petitioner is not entitled to interest for the period the appeal remained dismissed. Considering the submissions as also the averments made in the limitation petition, the 2 Interlocutory Application No. 1558 of 2009 is allowed and delay in filing the restoration application is condoned and upon consideration, the above M.J.C. No. 946 of 2009 is allowed and the connected First Appeal No. 440 of 1987 is restored to its original file subject to the payment of cost or Rs. 200 with the Patna High Court Legal Aid Committee. The question of entitlement of interest for the period, the aforesaid First Appeal remained dismissed shall be considered at the time of hearing the appeal. Let the petitioner deposit the deficit court fee of Rs. 3523.85/- and the cost of Rs. 200 within a period of ten days. Jagdish/ ( Shailesh Kumar Sinha, J.)