IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2137 of 2008 BHOLA PRASAD Versus RAMLAGAN MAHTO & ORS ----------- 05. 17.02.2009 Heard learned counsel for the parties. This petition has been filed for restoration of S.A.No.351 of 2004 which was dismissed for default on 21.07.2008 when no one appeared to press the said second appeal when it was called out for hearing under Order XLI Rule 11 of the Code of Civil Procedure. Although learned counsel for the opposite parties vehemently opposes the contentions of learned counsel for the petitioner, but it appears that learned counsel for the petitioner has been able to show some reasons which prevented him from appearing in the court on the aforesaid date. Accordingly, this petition is allowed and S.A.No.351 of 2004 is restored to its original file and number. Since this second appeal is of the year 2004, let it be listed under the heading “for hearing under Order XLI Rule 11 of the Code of Civil Procedure” on 02nd March, 2009. Sunil (S. N. Hussain, J.)