IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2405 of 2010 GANESH MAHTO & ORS. Versus DINA NATH GUPTA & ORS. ----------- 02. 26.04.2011 Heard the learned counsel for the petitioner. This M.J.C. application no.2405 of 2010 has been filed for restoration of Miscellaneous Appeal No.526 of 2009 which was dismissed for default on 23.04.2010. The learned counsel for the petitioner submitted that due to mistake on the said date, the list could not be marked and, therefore, when the case was called out under Order 41 Rule 11 C.P.C., nobody appeared and, therefore, the Miscellaneous Appeal was dismissed. Considering the facts and circumstances of the case and the explanation given by the petitioner, I am satisfied that the appellant was prevented by sufficient cause from not appearing before the Court when the case was called out under Order 41 Rule 11 C.P.C. Accordingly, this M.J.C. application is allowed and the Miscellaneous Appeal No.526 of 2009 is restored to its original file. This Miscellaneous Appeal may be listed before the appropriate Bench under Order 41 Rule 11 C.P.C. Saurabh ( Mungeshwar Sahoo, J.)