IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2017 of 2010 THE EMPLOYEES STATE INSURANCE CORPORATION Versus M/S PALM TREE SERVICE STATION, FRASER RD. ----------- 03. 02.12.2010. Heard the learned counsel for the petitioner. This M.J.C. application has been filed for restoration of Misc. Appeal No.268 of 2009 which has been dismissed for default on 19.04.2010. The learned counsel for the petitioner submitted that because on that day the case could not be marked in the list by office Clerk and, therefore, the appellant could not appear when the case was called out under Order 41 Rule 11. Considering the above facts and circumstances of the case, in my opinion, the petitioner was prevented by sufficient cause from not appearing before the Court when the case was called out for admission under Order 41 Rule 11 C.P.C. Accordingly, this M.J.C. application is allowed. The Misc. Appeal No.268 of 2009 is restored to its original file. The office is directed to list this Misc. Appeal under the heading under Order 41 Rule 11 C.P.C. before appropriate Bench. Sanjeev/- (Mungeshwar Sahoo,J.)