1 IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1423 of 2009 KEDAR MALI & ORS Versus BAIJNATH MALI & ORS ----------- 03/ 01.12.2009 This petition has been filed for restoration of Second Appeal No. 548 of 1999, which stood dismissed for default on 01.04.2009 due to non-appearance of learned counsel for the appellants-petitioners when it 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 appellants-petitioners and the statements made in this petition, it appears that genuine reasons have been shown, which prevented learned counsel for the appellants-petitioners from appearing in the said second appeal on the said date. Accordingly, this petition is allowed and Second Appeal No. 548 of 1999 is restored to its original file and number. Since the aforesaid second appeal is about a decade old, let it be placed for hearing under Order XLI Rule 11 of the Code of Civil Procedure within top-five cases on 07.12.2009. MPS/ ( S. N. Hussain, J. )