IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1861 of 2008 SURENDRA KUMAR & ANR Versus THE STATE OF BIHAR & ORS ----------- 05. 17.02.2009 This petition has been filed for restoration of S.A.No.332 of 2005 which was dismissed for default on 21.07.2008 when no one appeared to press the second appeal at the time when it was called out for hearing under Order XLI Rule 11 of the Code of Civil Procedure. From the averments made by learned counsel for the petitioners and the statements made in the petition, it appears that genuine reasons have been shown which prevented learned counsel for the petitioners from appearing in the court on the aforesaid date. In the said circumstances, this petition is allowed and S.A.No.332 of 2005 is restored to its original file and number. Since this second appeal is of the year 2005, let it be placed under the heading “for hearing under Order XLI Rule 11 of the Code of Civil Procedure” on 02nd March, 2009. Sunil (S. N. Hussain, J.)