IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1947 of 2008 OM PRAKASH SAHA Versus RAJ KUMAR SAHA & ORS ----------- 2 1.9.2008 This petition has been filed under Order 42 rule 1 of the Code of Civil Procedure for re-admission of memo of Second Appeal no. 283 of 2005 which was dismissed on 15.7.2008 as no one appeared on behalf of the appellant when the case was called out for hearing under Order 41 rule 11 of the Code of Civil Procedure. Considering 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 from appearing on the said date. Accordingly, this petition is allowed. Second Appeal no. 283 of 2005 is restored to its original file and number. Let the same be placed for hearing under Order 41 rule 11 of the Code of Civil Procedure on Monday next ( 8.9.2008). shahid (S.N.Hussain,J)