IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.5231 of 2010 MD. UMAR . Versus MD. SAMIULLAH & ORS . ----------- 04. 12.05.2011. Heard the learned counsel, Sri Shabir Ahmad on behalf of the petitioner. This M.J.C. application has been filed by the petitioner for restoration of First Appeal No.605 of 1995 which was dismissed for non-compliance of the order dated 09.11.2010. By terms of the said order dated 09.11.2010, the appellant was directed to take steps for appeal notice in ordinary process by filing Talbana etc. of Rs.5.25/- for issuance of appeal notice on respondent No.1 to 5 within one week. The learned counsel submitted that during that period, he was out of the country and, therefore, the said order could not be complied with. In view of the above facts and circumstances of the case, I am satisfied that the petitioner was prevented by sufficient cause from not complying the order dated 09.11.2010 passed by this Court in First Appeal No.605 of 1995. Therefore, the dismissal order of First Appeal No.605 of 1995 is set aside and the said First Appeal is restored to its original file. The learned counsel for the petitioner submitted that the order has already been complied with and the requisites, Talbana etc. have already been filed in the First Appeal. The office shall proceed. Sanjeev/- (Mungeshwar Sahoo,J.)