IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2206 of 2008 JUGESHWAR YADAV Versus NEELAM DEVI @ DIPO DEVI ----------- 04/ 02.12.2008 I.A. No. 5097 of 2008 has been filed for condoning the delay in the filing of the instant M.J.C. From the averments made by learned counsel for the petitioner and the statements made in the interlocutory application it appears that genuine reasons have been shown for delay in the filing of the M.J.C. In the said circumstances, this interlocutory application is allowed and the delay is condoned. This petition has been filed for restoration of Misc. Appeal No.269 of 2006, which was dismissed for default on 13.09.2007 due to non-appearance of learned counsel for the appellant 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 appellant-petitioner and the statements made in the petition it appears that genuine reasons have been shown, which prevented learned counsel for the appellant from appearing on the date. In the said circumstances, this petition is allowed and M.A. No. 269 of 2006 is restored to its original file and number. harish/ ( S.N.Hussain, J.)