IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1664 of 2010 1. GANESH MAHTO. 2. Mahesh Mahto. 3. Asha Devi, wife of Sri sita saran Singh All resident of mohalla –Dujara Chak, P.S.-Budha Colony Dist-Patna. Versus 1. MOST. PARVATI DEVI wife of late Paryag Mahto 2. Kallu mahto. 3. Lallu Mahto. Both sons of late Paryag Mahto 4. Ram Lagan Sahni son of Rameshwar Sahni. 5. Nand Lal, son of Not Known. Residents of mohalla-Dujarachak, P.S Budha. Colony Dist- Patna. 6. Ganga Mahton . 7. Krishna Mahton . 8. Suresh Mahton ----------- 6 10.11.2010 Heard learned counsel for the petitioners. This petition has been filed for restoration of Second Appeal No. 198 of 1996 which was dismissed for default on 13.8.2008 due to non- prosecution. From the averments made by learned counsel for the petitioners and the statements made in this petition it appears that genuine reasons have been shown due to which learned counsel for the petitioners was prevented from appearing in Court on the aforesaid date when the case was listed for hearing under Order XLI Rule 11 of the Code of Civil Procedure. Accordingly this petition is allowed Second Appeal No. 198 of 1996 l is restored to its original file. 2 However since this second appeal has not been admitted as yet, although it is already 14 years old, let this case be placed before Hon’ble the Chief Justice for fixing an early date for hearing under Order XLI Rule 11 of the Code of Civil Procedure. Prakash ( S.N.Hussain, J.)