IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1343 of 2009 BHAGWAT SONAR Versus GEETA DEVI & ORS ----------- 04/ 27.01.2010 This petition has been filed for restoration of S.A. No.106 of 2004 which was dismissed for default by this court on 09.05.2008 when no one appeared to press this second appeal when it was called out for hearing under Order XLI Rule 11 of the Code of Civil Procedure. Considering the averments made by learned counsel for the appellant-petitioner as well as the statements made in this petition, it appears that genuine reasons have been shown which prevented learned counsel for the appellant-petitioner from appearing in court on the said date. Accordingly, this petition is allowed and S.A. No.106 of 2004 is restored to its original file and number. However, since this second appeal is of the year 2004, let it be listed for hearing under Order XLI Rule 11 of the Code of Civil Procedure on 01.02.2010 within top twenty cases. harish/ ( S. N. Hussain, J. )