IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.117 of 2010 BHIKHARI YADAV & ORS. Versus KANHAIYA YADAV & ORS. ----------- 02/ 31.03.2010 This petition has been filed for restoration of S.A. No.228 of 2009 which was dismissed for default due to non- compliance of peremptory order of this court dated 24.11.2009 by which one week time was allowed to the appellants-petitioners to remove defect no.1 vide stamp report dated 01.08.2009 for filing certified copy of decree under appeal. Learned counsel for the appellants-petitioners submits that although the appellants-petitioners had applied for the decree under appeal, but it was supplied to them only on 25.02.2010 and hence they could not file the same within the time granted by this court. Considering the averments made by learned counsel for the appellants-petitioners as well as the statements made in the petition, it appears that genuine reasons have been shown which prevented the appellants-petitioners from complying the said order within the time prescribed. Accordingly, this petition is allowed and S.A.No.228 of 2009 is restored to its original file and number. However, this order will be subject to compliance of aforesaid order dated 24.11.2009 passed in S.A. No.228 of 2009 by 02.04.2010. harish/ ( S. N. Hussain, J. )