IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.52 of 2009 MANI RAM Versus SHEO PERSON PANDEY & ORS. ----------- 02/ 02.03.2009 This petition has been filed for restoration of S.A. No. 195 of 2006, which was dismissed for default due to non-prosecution on 17.12.2008, as no one appeared to press the second appeal when it was called out hearing under Order XLI Rule 11 of the Code of Civil Procedure. Considering the averments of learned counsel for the petitioner and the statements made in the petition, it appears that genuine reasons have been shown which prevented learned counsel for the petitioner from appearing in the court on the aforesaid date. Accordingly, this petition is allowed and S.A. No. 195 of 2006 is restored to its original file and number. Let the second appeal be placed for hearing under Order XLI Rule 11 of the Code of Civil Procedure on 16.03.2009. harish/ ( S.N.Hussain, J.)