IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3061 of 2006 BRIJ NANDAN PRASAD Versus TRILOKI YADAV & ORS ----------- 06/ 17.02.2009 I.A. No. 5960 of 2006 has been filed on behalf of the petitioner for condoning the delay in filing of the instant M.J.C. petition. From the averments made by learned counsel for the petitioner and the statements made in the application, it appears that genuine reasons have been shown, which prevented the petitioner from filing the M.J.C. petition earlier. In the said circumstances, this interlocutory application is allowed and delay in filing the M.J.C. petition is condoned. Heard learned counsel for the petitioner. This M.J.C. petition has been filed for restoration of Second Appeal No. 42 of 2002, which stood dismissed for default on 25.09.2006 when no one appeared to press the second appeal when it was called for hearing under Order XLI Rule 11 of the Code of Civil Procedure. From the averments made by learned counsel for the petitioner and the statements made in this petition, it appears that genuine reasons have been shown, which prevented learned counsel for the appellant from appearing in the Court on the aforesaid date. In the said circumstances, this M.J.C. petition is allowed and Second Appeal No. 42 of 2002 is restored to its original file and number. Let Second Appeal No.42 of 2002 be placed for hearing under Order XLI Rule 11 of the Code of Civil Procedure on 24.02.2009 along with the defects and applications, if any. MPS/ ( S. N. Hussain, J. ) - 2 -