Yogendra Nath Mishra vs Smt. Savitri Devi on 25 July, 2011

                IN THE HIGH COURT OF JUDICATURE AT PATNA
                             MJC No.2140 of 2011
                             Yogendra Nath Mishra
                                    Versus
                               Smt. Savitri Devi
                                   -----------

2. 25.07.2011 Heard learned counsel for the petitioner.

This M.J.C. application has been filed for restoration of

First Appeal No. 140 of 2010 which was dismissed for non-compliance

of the order dated 16.03.2011. The learned counsel for the petitioner

submitted that because the record was misplaced inadvertently, the

order could not be complied with within the period.

Considering the above facts and circumstances of this case

and the explanation given in the M.J.C. application, I am satisfied that

the petitioner was prevented by sufficient cause from not complying the

peremptory order passed by this Court. Therefore, the M.J.C.

application is allowed and the First Appeal No. 140 of 2010 is restored

to its original file.

It is made clear that the petitioner who is the appellant of the

First Appeal must comply the order dated 16.03.2011 within 10 days

failing which the First Appeal shall again stands dismissed without

further reference to Bench.

         Saif                                  (Mungeshwar Sahoo, J.)