IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.947 of 2009 PUNNE SINGH & ANR Versus DAYA DEVI ----------- 03. 03.11.2009 This petition has been filed for restoration of S.A.No.79 of 2005 which stood dismissed for default on 18.02.2009 due to non- appearance of learned counsel for the appellants when the case was called out for hearing under Order XLI Rule 11 of the Code of Civil Procedure. Considering the statements made in this petition, it appears that genuine reasons have been shown which prevented the learned counsel for the appellants from appearing on the said date. Accordingly, this petition is allowed and S.A.No.79 of 2005 is restored to its original file and number. However, in the facts and circumstances of this case, let the said second appeal be placed for hearing under Order XLI Rule 11 of the Code of Civil Procedure on 09th November, 2009 within top ten cases. Sunil (S. N. Hussain, J.)