IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1238 of 2009 MAHMOOD ALAM KHAN & ANR Versus MOHD.YUSUF KHAN & ORS ----------- 02 18.05.2009 This petition has been filed for restoration of Second Appeal no.194 of 1997 which was dismissed for default on 20.03.2009 due to non-prosecution. Considering the facts and circumstances of the case as well as averments made by the learned counsel for the petitioners and the statements made in the petition, it appears that genuine reasons have been shown which prevented the learned counsel for the petitioners from appearing on the aforesaid date.In the circumstances, this petition is allowed. Second Appeal no.194 of 1997 is restored to its original file and number. Office is directed to place the aforesaid second appeal for hearing under Order XLI rule 11 of the Code of Civil Procedure on 20.05.2009 at the top of the list. shahid (S. N. Hussain, J)