IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.34 of 2008 SUDHIR KUMAR JAISWAL & ANR Versus RAMASHRAY SAH & ORS ----------- 03/ 16.07.2008 This petition has been filed for restoration of Miscellaneous Appeal No. 09 of 2004 which was dismissed for default on 06.12.2007 due to non-prosecution as no one appeared when it was called out for hearing under Order 41 Rule 11 of the Code of Civil Procedure. From the averments made by learned counsel for the petitioners and statements made in the petition, it appears that genuine reasons have been shown which prevented learned counsel for the petitioners from appearing on the said date. In the said circumstances, this petition is allowed and Miscellaneous Appeal No. 09 of 2004 is restored to its original file and number. harish/ (S.N.Hussain, J.)