IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Miscellaneous Restoration Application No.105/2008 IN S.B. Civil First Appeal No.519 of 2005 Kartar Singh son of Shri Chhelu Ram VERSUS State of Rajasthan and Others Date of Order :::: 12th April 2010 Hon'ble Mr. Justice Dalip Singh Mr. Satyendra Meena, Counsel for the applicant-appellant None present for the respondents *** By the Court :
Notice of the application under Section 5 of the Limitation Act was issued.
As per the Office Note dated 13.07.2009 the respondents have been duly served, but none has appeared to oppose the said application.
Accordingly, the application is allowed.
The delay is condoned.
Heard learned counsel for the applicant-appellant and perused the restoration application.
The first appeal has been dismissed in default on account of the non-appearance of the Counsel for the appellant at the time when the case was called for hearing.
On the ground mentioned in the restoration application, I am satisfied that there was sufficient cause, which prevented the Counsel from appearing at the time of hearing.
The restoration application is allowed.
The order dated 22.08.2007 is recalled. S.B. Civil First Appeal No.519 of 2005 is ordered to be restored to its origional number.
. (Dalip Singh), J. Ashok