IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.309 of 2009 1. Jitnarayan Raut, 2. Alakhdeo Narayan, 3. Anugrah Narayan, All sons of late Mishri Raut. All residents of village Karsaut, Tola – Bhoj Chapra, P.S. – Maharajganj, District – Siwan. 4. Sursati Devi, W/o Chiranjee Lal Yadav, resident of village – Pokhar Bhinda, P.O. – Jogiya, P.S. – Ekma, District – Chapra. 5. Sundar Pati Devi, W/o Jammadar Prasad Yadav, resident of village – Aagayan, P.O. – Muskabad, P.S. – Goriya Kothi, District – Siwan. 6. Genapati Devi, W/o Deonath Yadav, resident of village – Teghara, P.S. – Maharajganj, District – Siwan. All are daughters of Late Mishri Raut. … Plaintiffs/Appellants/Petitioners. Versus 1. Chuman Raut, 2. Sriram Raut, Both sons of late Chandradeo Raut. All residents of village – Karsaut, Tola – Bhoj Chapra, P.S. Maharajganj at present Daraunda, District – Siwan. … Defendants/Respondents/Opposite parties. ----------- 04/ 30.04.2009 This petition has been filed for restoration of Second Appeal No. 384 of 1989, which was dismissed for default on 28.8.2003 and also for condoning the delay in filing of the MJC case. Considering the above 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 the learned counsel for the petitioners from appearing when the second appeal was taken up for final hearing on 28.8.2003. Further more, genuine reasons have also been shown due to which such a long delay had occurred due to absence of any notice or information to the petitioners-appellants. In the said circumstances, this MJC petition is allowed and the delay is condoned. Let Second Appeal No. 384 of 1989 be restored - 2 - to its original file and number. Since the said second appeal is of the year 1989 and had already been admitted as far back as on 20.4.1990. Let the same be listed for final hearing within top five cases on 11th of May, 2009. DKS/ (S.N. Hussain, J.)