IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.5283 of 2010 SRI RABINDRA KUMAR Versus SHAKUNTALA DEVI ----------- 02. 08.03.2011 Heard the learned counsel for the petitioner. This MJC application has been filed for restoration of First Appeal No. 173 of 2010 which has been dismissed for default for non-compliance of the order dated 22.9.2010. The learned counsel for the petitioner submitted that he was under the impression that he had already complied the order and, therefore, the order passed by this court remain un-complied. Considering the above facts and circumstances of the case, this MJC application is allowed and the First Appeal No. 173 of 2010 is restored to its original file on condition that the appellant shall convert the said first appeal to Misc. Appeal within two weeks from today, failing which again the first appeal shall be dismissed. S.S. (Mungeshwar Sahoo,J.)