IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2200 of 2008 M/S ORIENT REFERIGERATION COMPANY Versus RAMESH KUMAR & ORS ----------- 2/ 05-09-2008 This petition has been filed for restoration of Second Appeal No 182 of 2007 which stood dismissed on 19.08.2008 as no one appeared to press the said second appeal when the same was called out for hearing under Order 41 Rule 11 of the Code of Civil Procedure The said second appeal was filed by M/S Rana Pratap Singh and Kumar Uday Singh, Advocates, but the instant M.J.C. case has been filed by another counsel who had absolutely no knowledge or information about the reasons as to why the said counsel for the appellant had not appeared in the appeal on the relevant date, nor even any certificate of the learned counsel for the appellant has been annexed to this petition. It is quite strange to note that the learned counsel, through whom this M.J.C. case has been filed on 22.08.2008, had also filed a Vakalatnama on behalf of the appellant in the second appeal on the same date 22.08.2000, i.e., after 19.08.2008 the date of dismissal of the second appeal, having full knowledge of the said dismissal. In the said circumstances this court does not find any reason to restore the aforesaid second appeal and accordingly this M.J.C. case is dismissed. B.Tiwary/ ( S.N.Hussain, J )