IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2485 of 2008 JANARDAN RAI & ANR Versus SIYA DEVI & ORS ----------- 03/ 17.03.2010 This petition has been filed for restoration of S.A. No.253 of 2003 which was dismissed for default due to non- prosecution on 21.07.2008 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 petitioners as well as the statements made in the petition, it appears that genuine reasons have been shown which prevented learned counsel for the petitioners from appearing on the said date. Accordingly, this petition is allowed and S.A. No.253 of 2003 is restored to its original file and number. Let the second appeal be placed for hearing under Order XLI Rule 11 of the Code of Civil Procedure on 22.03.2010 within top five cases. harish/ ( S. N. Hussain, J. )