IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2437 of 2008 PREM SAGAR LOHAR & ANR. Versus MANOJ KUMAR MISHRA & ORS. ----------- 04/ 23.01.2009 I.A. 5458 of 2008 has been filed on behalf of the petitioners for condoning the delay in the filing of the restoration petition. From the averments made by learned counsel for the petitioners and the statements made in the interlocutory application, it appears that genuine reasons have been shown due to which M.J.C. could not be filed earlier. In the said circumstances, the said interlocutory application is allowed and delay in the filing of M.J.C. is condoned. This M.J.C. has been filed for restoration of M.A. No. 258 of 2003, which was dismissed for default on 23.02.2007 due to non- appearance of learned counsel for the appellants-petitioners when the case was called out for hearing under Order XLI Rule 11 of the Code of Civil Procedure. From the averments made by learned counsel for the appellants-petitioners as well as from the statements made in the petition, it appears that genuine reasons have been shown which prevented learned counsel for the appellants-petitioners from appearing on the said date. In the said circumstances, the said M.J.C. is allowed and M.A. No. 258 of 2003 is restored to its original file and number. harish/ ( S.N.Hussain, J.)