IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3393 of 2009 LALIESHWAR PRASAD YADAV Versus SATYA NARAIN MISHRA ----------- 03/ 17.02.2010 This M.J.C. petition has been filed for restoration of Second Appeal No. 212 of 2003, which stood dismissed for default on 16.03.2009 when no one appeared on behalf of the appellant on two consecutive dates. However, considering the averments made by learned counsel for the petitioner and the statements made in this petition, it appears that genuine reasons have been shown, which prevented learned counsel for the petitioner from appearing on the said dates. Accordingly, this M.J.C. petition is allowed and S.A. No. 212 of 2003 is restored to its original file and number. Let S.A. No. 212 of 2003 be placed for hearing under Order XLI Rule 11 of the Code of Civil Procedure within top five cases on 22.02.2010 along with any defect or any application if pending. MPS/ ( S. N. Hussain, J. )