IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1918 of 2008 RATNI DEVI & ORS Versus KAPIL HAZAM & ORS ----------- 04 04.05.2009 This petition has been filed for restoration of Second Appeal no.441 of 1989 which was dismissed for default on 25.06.2008 as no one appeared when the case was called out for final hearing. Considering the facts and circumstances of the case as well as averments made by the learned counsel for the petitioners and the statements made in the petition, it appears that genuine reasons have been shown which prevented the learned counsel for the petitioners from appearing on the aforesaid date. In the circumstances, this petition is allowed. Second Appeal no.441 of 1989 is restored to its original file and number. If otherwise ready, let the aforesaid second appeal be placed under the heading hearing on 22.06.2009. shahid (S. N. Hussain, J)