IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1763 of 2008 RABINDRA PRASAD Versus RADHIKA DEVI & ORS. ----------- 03/ 08.09.2008 This petition has been filed for restoration of Second Appeal No. 281 of 2004, which stood dismissed for default due to non- prosecution on 16.05.2008 when no one appeared at the time of hearing under Order XLI Rule 11 of the Code of Civil Procedure. Considering the averments made by learned counsel for the petitioner-appellant and the statements made in the petition, it appears that genuine reasons have been shown which prevented learned counsel for the petitioner-appellant from appearing on the said date. In the said circumstances, this petition is allowed and Second Appeal No.281 of 2004 is restored to its original file and number. harish/ ( S.N.Hussain, J.)