IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1269 of 2009 DHARMNATH RAI & ORS Versus PARSHURAM PRASAD AGRAWAL & ANR ----------- 06/ 21.07.2010 This petition has been filed for restoration of Second Appeal No.292 of 2002 which was dismissed for default on 07.11.2008 when no one appeared in the case 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 petitioner and the statements made in the petition, it appears that genuine reasons have been shown which prevented the learned counsel for the appellant from appearing on the said date. Accordingly, this petition is allowed and S.A.No.292 of 2002 is restored to its original file and number. However, since this second appeal is pending for more than eight years, office is directed to immediately place it for hearing under Order XLI Rule 11 of the Code of Civil Procedure before the appropriate court with the prior permission of Hon’ble the Chief Justice. Sunil (S. N. Hussain, J.)