IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1041 of 2007 MOSTT.PARMILA DEVI & ORS Versus ANIL KUMAR & ORS ----------- 06/ 30.04.2009 It appears, Misc. Appeal No. 312 of 2003 was dismissed for default for failure to comply with the order dated 9.3.2004 within the time granted for such compliance. It is submitted on behalf of the petitioners that there was delay of only one day in calculating the peremptory time granted under order dated 9.3.2004. Having perused the restoration application and also having heard counsel for the petitioners, I am satisfied that on account of mistake on the part of the learned counsel, order dated 9.3.2004 could not be complied with. In the circumstances, the restoration application is allowed and Misc. Appeal No. 312 of 2003 is restored to its original file and number and as the order dated 9.3.2004 has already been complied with, the office should proceed with the appeal. The restoration application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)