IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2140 of 2011 Yogendra Nath Mishra Versus Smt. Savitri Devi ----------- 2. 25.07.2011 Heard learned counsel for the petitioner. This M.J.C. application has been filed for restoration of First Appeal No. 140 of 2010 which was dismissed for non-compliance of the order dated 16.03.2011. The learned counsel for the petitioner submitted that because the record was misplaced inadvertently, the order could not be complied with within the period. Considering the above facts and circumstances of this case and the explanation given in the M.J.C. application, I am satisfied that the petitioner was prevented by sufficient cause from not complying the peremptory order passed by this Court. Therefore, the M.J.C. application is allowed and the First Appeal No. 140 of 2010 is restored to its original file. It is made clear that the petitioner who is the appellant of the First Appeal must comply the order dated 16.03.2011 within 10 days failing which the First Appeal shall again stands dismissed without further reference to Bench. Saif (Mungeshwar Sahoo, J.)