IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2458 of 2007 SMT.RADHA MAHESHWARI @ RADHA DEVI & ORS. Versus SMT.PUSPA DEVI & ANR. ----------- 06/ 16.07.2008 I.A. No. 966 of 2008 has been filed for condoning the delay in the filing of the instant M.J.C. No.2458 of 2007. Considering the averments made by the learned counsel for the petitioners and statements made in an interlocutory application, it transpires that there are genuine reasons for delay, accordingly interlocutory application is allowed and delay in the filing in M.J.C. No. 2458 of 2007 is condoned. This petition has been filed for restoration of Second Appeal No. 24 of 2002 which was dismissed for default on 21.08.2006 due to non-prosecution as no one appeared for the appellants to press second appeal when it was called out for hearing under Order 41 Rule 11 of the Code of Civil Procedure. Considering the averments made by learned counsel for the petitioners and averments made in the petition, it appears that the petitioners have been able to show genuine reasons which prevented them from appearing on the said date. Accordingly, this petition is allowed and Second Appeal No. 24 of 2002 is restored to its original file and number. harish/ (S.N.Hussain, J.)