IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1010 of 2011 Sampat Kumar Tripathi @ Munna Versus Krishana Kumar Kripathy @ Lall ----------- 03. 07.07.2011 Heard the learned counsel for the petitioner. This M.J.C. application has been filed for restoration of First Appeal No.78 of 2010 which was dismissed for non-compliance of the peremptory order dated 27.10.2010. The learned counsel for the petitioner submitted that the appellant was not present on the date of peremptory order and, therefore, the defects could not be removed. However, the learned counsel for the petitioner submitted that the defects pointed out in the First Appeal must be removed within 10 days from today. Accordingly, I am satisfied that the petitioner was prevented by sufficient cause from not complying the peremptory order. Accordingly, this M.J.C. application is allowed and the First Appeal No.78 of 2010 is restored to its original file subject to condition that the defects will be removed within 10 days, failing which, again, the First Appeal will be dismissed. Saurabh (Mungeshwar Sahoo,J.)