IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.261 of 2010 RAMAYAN RAM & ORS. Versus BINDESHWARI SAH & ORS. -------------- 04/ 28.04.2010 I.A. No. 686 of 2010 has been filed on behalf of the petitioners for condoning delay in the filing of the MJC case. Considering the averments made by the learned counsel for the petitioners and the statement made in the interlocutory application, it appears that genuine reasons have been shown which prevented the petitioners from filing the MJC case earlier. Accordingly, this interlocutory application is allowed and delay in the filing of this MJC case is condoned. Heard learned counsel for the petitioners. This petition has been filed for restoration of Second Appeal no.4 of 2004 which stood dismissed for default on 11.12.2007 due to non-appearance of learned counsel for the appellants when the case was called out for hearing under order XLI Rule 11 of the Code of Civil Procedure. Considering the 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 appellants-petitioners from appearing on the said date. In the said circumstances, this petition is allowed. Second Appeal no.4 of 2004 is restored to its original file and number. Since this second appeal is already six years old, let it be placed for hearing under order XLI Rule 11 of the Code of Civil - 2 - Procedure on 10.05.2010. shahid (S. N. Hussain, J)