IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1951 of 2007 RAMESHWAR RAI Versus PRABHUNATH RAI & ORS ------------ 06/ 05.05.2010 This petition has been filed for restoration of Miscellaneous Appeal no.291 of 2001 which was dismissed for default on 17.08.2006 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 petitioner and the statements made in the petition, it appears that genuine reasons have been shown which prevented learned counsel for the petitioner from appearing on the aforesaid date. Accordingly, this petition is allowed. Miscellaneous Appeal no.291 of 2001 is restored to its original file and number. Since this miscellaneous appeal is nine years old, let it be placed for hearing under Order XLI Rule 11 of the Code of Civil Procedure on 10.05.2010. shahid (S. N. Hussain, J)