IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3031 of 2009 SHIV SHANKAR TIWARI Versus NIRMALKUMAR MISHRA &ORS -------------- 04/ 28.04.2010 This petition has been filed for restoration of Second Appeal no.321 of 2004 which stood dismissed for default on 08.12.2008 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 averments made by the learned counsel for the petitioner and the statements made in the petition, it appears that genuine reasons have been shown which prevented the learned counsel for the appellant-petitioner from appearing on the said date. In the said circumstances, this petition is allowed. Second Appeal no.321 of 2004 is restored to its original file and number. Let the aforesaid second appeal be placed for hearing under order XLI Rule 11 of the Code of Civil Procedure on 10.05.2010. shahid (S. N. Hussain, J)