IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.2729 of 2011 Chandra Deo Mandal & Ors Versus Abdhesh Pd. Mandal & Ors ---------------------------------- 2. 15.09.2011 Heard the learned counsel for the petitioners. This MJC application has been filed by the petitioners for restoration of First Appeal No. 424 of 2002 which has been dismissed for default for non- compliance of the peremptory order passed by this Court on 26.4.2011. The learned counsel for the petitioners submitted that he could not mark the list when the peremptory order was passed and, therefore, the order could not be complied with. The defect is minor and the learned counsel for the petitioners submitted that he will remove the defect No.2 during the course of the day. In view of the above facts and circumstances of the case, I am satisfied that the petitioners were prevented by sufficient cause from not complying with the peremptory order passed by this Court. Therefore, the dismissal of the appeal is set aside and the MJC application is allowed. The First Appeal No. 424 of 2002 is restored to its original file. The learned counsel for the petitioners shall remove the defect in the first appeal during the course of the day. S.S. (Mungeshwar Sahoo,J.)