IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.2218 of 2011 Rajo Mahton & Ors Versus Parmeshwar Mathon & Ors ---------------------------------- 2. 09.09.2011 Heard the learned counsel for the petitioners. This MJC application has been filed for restoration of First Appeal No. 177 of 2009 which was dismissed for default for non-compliance of the peremptory order dated 13.1.2011 whereby the petitioners were directed to deposit the deficit court fee stamp of Rs.230/- only. The learned counsel for the petitioners submitted that during that period when the peremptory order was passed he was not present and he was being treated at New Delhi and, therefore, by inadvertent the order could not be complied with by the Advocate clerk. Considering the above facts and circumstances, this MJC application is allowed and the First appeal No. 177 of 2009 is restored to its original file subject to condition that the petitioners must deposit the court fee within one week, failing which automatically this order shall stand recalled. S.S. (Mungeshwar Sahoo,J.)