IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3107 of 2010 DINESH DWIVEDI Versus MOSTT. SIYA DEVI & ORS. ----------- 3. 08.12.2010 1. This petition has been filed for restoration of S.A. No. 258 of 2008 which is noted to be dismissed for default due to non-compliance of peremptory order of this court dated 17.11.2008 by which two weeks time was allowed to the appellant to comply the order of Lawazima Board dated 30.09.2008 by which direction was given to remove the defect no. 1 to 3 of Stamp Report dated 26.08.2008. 2. From the record of the case including the order sheet, it appears that defect nos. 2 and 3 were removed by the learned counsel for the appellant on 28.11.2008. Furthermore, from the office note dated 25.11.2008 it transpires that defect no. 1 had been removed. Hence, it is quite apparent that defect nos. 1 to 3 were removed within two weeks from the date of peremptory order dated 17.11.2008. 3. In the said circumstances, this petition is allowed. As the entire peremptory order dated 17.11.2008 has been complied within time, there is no question of second appeal being dismissed for default due to non-compliance of the said order. Sujit (S.N.Hussain,J.)