IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1809 of 2009 DWARIKA SINGH & ORS Versus TILKESHWAR KUER & ORS ----------- 02/ 01.07.2009 Heard learned counsel for the petitioners. This M.J.C. petition has been filed for restoration of Second Appeal No. 643 of 1991, which was dismissed for default on 04.05.2009 due to non-appearance of learned counsel for the appellants when the said second appeal was called out for hearing under Order XLI Rule 11 of the Code of Civil Procedure. From the averments made by learned counsel for the petitioners and the statements made in this petition, it appears that genuine reasons have been shown, which prevented learned counsel for the appellants from appearing in the court on the said date. Accordingly, this M.J.C. petition is allowed and Second Appeal No. 643 of 1991 is restored to its original file and number to be placed for hearing under Order XLI Rule 11 of the Code of Civil Procedure in the next week before an appropriate Bench along with interlocutory application, if any, as the same is already 18 years old. MPS/ ( S. N. Hussain, J. )