IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1980 of 2008 JANARDHAN SAH & ANR. Versus BIRENDRA KUMAR KEJRIWAL & ANR. ---------- 03/ 23.01.2009 This petition has been filed on behalf of the appellants- petitioners for restoration of S.A. No.285 of 2005, which was dismissed for non-prosecution on 15.07.2008 when no one appeared on behalf of the appellants, although the said second appeal was listed for hearing under Order XLI Rule 11 of the Code of Civil Procedure after several adjournments granted on the request of the appellants. No one appears on behalf of the petitioners but from the statements made in the restoration petition, it transpires that in spite of best effort, learned counsel for the appellants could not appear on the said date because of heavy rain fall resulting in his house at Rajendra Nagar being flooded due to which he was unable to come out of the house to attend the court. Learned counsel appearing for the opposite parties vehemently opposes the contentions of learned counsel for the petitioners. But due to aforesaid grounds and difficulties faced by learned counsel for the appellants-petitioners, this restoration petition is allowed and S.A. No. 285 of 2005 is restored to its original file and number. Since the said second appeal arises out of eviction suit in which the appellants were defendants and had lost before both the learned courts below and also considering the predicament of 2 landlord-plaintiff-respondent, let the said second appeal, which is pending since 2005 due to the counsel of the appellants, be placed for hearing under Order XLI Rule 11 of the Code of Civil Procedure within top five cases on 2nd February, 2009. harish/ ( S.N.Hussain, J.)