IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1369 of 2010 NAWAL PRASAD MURARKA Versus RAM SUBHAG YADAV & ORS. ----------- 02/ 19.05.2010 This petition has been filed for restoration of Miscellaneous Appeal No.51 of 2004 which was dismissed for default due to non-compliance of order of this court dated 21.04.2006 by which one week peremptory time was allowed to comply order of Lawazima Board dated 06.01.2005 for removing defect nos.1 to 6 pointed out in stamp report dated 04.11.2004. Considering the averments made by learned counsel for the petitioner as well as the statements made in the petition it appears that genuine reasons have been shown due to which the said order could not be complied within the time prescribed. However, defect nos.1 to 5 were duly removed on 21.08.2006. In the said circumstances, this petition is allowed and Miscellaneous Appeal No.51 of 2004 is restored to its original file and number. However, this order will be subject to filing of an interlocutory application in the miscellaneous appeal with regard to defect no.6 of the said stamp report by 25.06.2010. harish/ ( S. N. Hussain, J. )