IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.4442 of 2011 Mahatha Gopi Kishore @ Gaya Prasad & Ors. Versus Krishna Mohan Prasad ---------------------------------- 03. 15.12.2011. Heard the learned counsel for the petitioner. This application has been filed for restoration of the First Appeal No.253 of 2007 which was dismissed for default for non-compliance of the order dated 14.07.2011 passed in M.J.C. No.2278 of 2011. The learned counsel for the petitioner submitted that after this order, his wife was operated and then mother died and, therefore, during that period he was not coming to the Court, therefore, peremptory order granted by this Court could not be complied. Considering the above facts and circumstances of the case and the explanation given in the restoration application, I am satisfied that the appellant was prevented by sufficient cause from not complying the peremptory order passed by this Court on 14.07.2011. Accordingly, this restoration application is allowed and the First Appeal No.253 of 2007 is restored to its original file on condition that the defects in the First Appeal pointed out by the stamp report shall be removed within one week failing which the First Appeal shall again stand dismissed. Sanjeev/- (Mungeshwar Sahoo,J.)