IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2136 of 2008 SAKALDEEP SINGH @ SATAN SINGH & ANR Versus SUCHIT SINGH & ORS ----------- 03. 12.02.2009 This petition has been filed for restoration of Second Appeal No.33 of 2005 which stood dismissed for default on 13.08.2008 when no one appeared when the case 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 petitioners and the statements made in this petition, it appears that genuine reasons have been shown which prevented learned counsel for the appellants from appearing in the appeal on the said date. Accordingly, this petition is allowed and Second Appeal No.33 of 2005 is restored to its original file and number. Office is directed to list Second Appeal No.33 of 2005 on 16th February, 2009 under the heading ‘for hearing under Order XLI Rule 11 of the Code of Civil Procedure’ within top five cases. Sunil (S. N. Hussain, J.)