IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2140 of 2010 MOSTT. RAJ KUMARI & ORS. Versus PARMESHWAR CHAUBEY & ORS. ----------- 2. 01.09.2010 Heard the learned counsel on behalf of the petitioner. This M.J.C. application has been filed for restoration of M.A. No. 783 of 2009 which was dismissed for default on 07.05.2010. It is submitted that on 07.05.2010, the learned counsel appearing on behalf of the appellant met an accident while he was coming to the Court and therefore, he could not come to the Court. As such, when the case was called out for hearing under Order 41 Rule 11 C.P.C., nobody appeared and the appeal has been dismissed. In view of above facts and circumstances, I am satisfied that the appellant was prevented by sufficient cause for not appearing before the Court, when the case was called out for hearing under Order 41 Rule 11 C.P.C. Accordingly, the M.J.C. application is allowed and the order of dismissal dated 07.05.2010 is hereby recalled and the M.A. No. 783 of 2009 is restored to its original file. Saurabh (Mungeshwar Sahoo, J.)