IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2214 of 2008 SHIV SHANKAR TIWARI Versus NIRMAL KUMAR MISHRA & ORS ----------- 3/ 19-11-2008 This petition is for restoration of S.A.No. 321 of 2004 which was dismissed for default on 17.07.2008 as no one appeared to press the second appeal when it was called 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 learned counsel for the appellant from appearing in the court on the said date. Accordingly, this petition is allowed and S.A.No. 321 of 2004 is restored to its file and number. If otherwise ready, let the instant second appeal be listed under the heading “for hearing under Order XLI Rule 11 of the Code of Civil Procedure” on 8th of December, 2008. B.Tiwary/ (S.N Hussain,J)