IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1582 of 2009 LEELAWATI DEVI @ LILA DEVI Versus SHREE RUPLAL ----------- 02/ 15.09.2009 This petition has been filed by the petitioner for restoration of Second Appeal No. 495 of 1999 which was dismissed for non prosecution as no one appeared on 13.04.2009 when the case 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 petitioner and the statements made in the petition, it appears that genuine reasons have been shown, which prevented petitioner’s counsel from appearing on the said date. Accordingly, this petition is allowed and Second Appeal No. 495 of 1999 is restored to its original file and number. Since the second appeal is of the year 1999 let it be listed for hearing under Order XLI Rule 11 of the Code of Civil Procedure on 6th October, 2009. kundan (S. N. Hussain, J.)