IN THE HIGH COURT OF JUDICATURE AT PATNA
MJC No.2140 of 2010
MOSTT. RAJ KUMARI & ORS.
Versus
PARMESHWAR CHAUBEY & ORS.
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2. 01.09.2010 Heard the learned counsel on behalf of the petitioner.
This M.J.C. application has been filed for restoration of M.A.
No. 783 of 2009 which was dismissed for default on
07.05.2010.
It is submitted that on 07.05.2010, the learned
counsel appearing on behalf of the appellant met an accident
while he was coming to the Court and therefore, he could not
come to the Court. As such, when the case was called out
for hearing under Order 41 Rule 11 C.P.C., nobody appeared
and the appeal has been dismissed.
In view of above facts and circumstances, I am
satisfied that the appellant was prevented by sufficient cause
for not appearing before the Court, when the case was called
out for hearing under Order 41 Rule 11 C.P.C.
Accordingly, the M.J.C. application is allowed and the
order of dismissal dated 07.05.2010 is hereby recalled and
the M.A. No. 783 of 2009 is restored to its original file.
Saurabh (Mungeshwar Sahoo, J.)