IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2278 of 2011 Mahatha Gopi Kishore @ Gaya Prasad & Ors Versus Krishna Mohan Pd. & Ors ----------- 03. 14.07.2011. Heard the learned counsel for the petitioner. This M.J.C. application has been filed for restoration of First Appeal No.253 of 2007 which has been dismissed for non-compliance of the peremptory order dated 27.07.2010. The learned counsel for the petitioner submitted that because on the said date, when the peremptory order was passed, he could not mark the list and, therefore, the peremptory order could not be complied with. The learned counsel further submitted that he will remove the defects as directed by this Court on 27.07.2010 within next 10 days from today. Prayer is allowed. Accordingly, this M.J.C. application is allowed and the First Appeal No.253 of 2007 is restored to its original file subject to condition that the defects are removed within the next 10 days failing which the First Appeal shall again stand dismissed. Sanjeev/- (Mungeshwar Sahoo,J.)