IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1313 of 2009 BAIDYA NATH RAI Versus RAJENDRA PANDEY & ORS . ----------- 02. 03.11.2009 This petition has been filed for restoration of S.A.No.375 of 1994 which stood dismissed for default on 20.03.2009 due to non-appearance of learned counsel for the appellant when the case was called out for hearing under Order XLI Rule 11 of the Code of Civil Procedure. Considering the statements made in this petition, it appears that genuine reasons have been shown which prevented the learned counsel for the appellant from appearing on the said date. Accordingly, this petition is allowed and S.A.No.375 of 1994 is restored to its original file and number. However, in the facts and circumstances of this case, let the said second appeal be placed for hearing under Order XLI Rule 11 of the Code of Civil Procedure on 09th November, 2009 within top ten cases. Sunil (S. N. Hussain, J.)