IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.2325 of 2007 Khurshid Alam @ Kallu Versus Mansoor Ahmad & Ors ---------------------------------- 4. 23.11.2011 Heard the learned counsel for the parties on the interlocutory application No. 7872 of 2011. The sole petitioner has died during the pendency of this MJC application. The substitution application is within time, therefore, it is allowed and the legal representatives as mentioned in detail in paragraph 3 of the substitution application are substituted in place of the petitioner. It is stated that the vakalatnama has already been filed in first appeal on their behalf. Heard the learned counsel for the parties. This MJC application has been filed for restoration of the First Appeal No. 341 of the 2001 which has been dismissed as against the respondent Nos. 1, 2, 4, 5 and 8 for non-compliance of the peremptory order dated 12.3.2007. The learned counsel for the petitioner submitted that the sole appellant was suffering from jaundice and therefore, no steps could be taken as directed by terms of order dated 12.3.2007 and, therefore, the appeal has been dismissed against the said respondents. Medical certificates have been annexed with the MJC application. 2 Considering the above facts and circumstances of the case, I am satisfied that the appellant was prevented by sufficient cause from not complying the peremptory order dated 12.3.2007 and, therefore, the MJC application is allowed and the first appeal is restored as against the respondent Nos.1, 2, 4, 5 and 8. S.S. (Mungeshwar Sahoo,J.)