IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2252 of 2007 THAKUR PRASAD RAO & ORS Versus RAMESHWAR PANDEY & ORS ------------ 06/ 05.05.2010 I.A. No.5927 of 2009 has been filed on behalf of the petitioners for condoning the delay in filing of the MJC petition. Considering the averments made by learned counsel for the petitioners and the statement made in the interlocutory application, the petitioners have been able to show genuine reason which prevented them from filing the instant petition earlier. Accordingly, this interlocutory application is allowed and delay in the filing of the MJC petition is condoned. This petition has been filed for restoration of Second Appeal no.235 of 2002 which was dismissed for default on 04.07.2007 as no one appeared in the case 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 petitioners and the statements made in the petition, it appears that genuine reasons have been shown which prevented learned counsel for the petitioners from appearing on the aforesaid date. Accordingly, this petition is allowed. Second Appeal no.235 of 2002 is restored to its original file and number. Since this second appeal is eight years old, let it be placed for hearing under Order XLI Rule 11 of the Code of Civil Procedure on 12.05.2010. shahid (S. N. Hussain, J)