IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH, JAIPUR O R D E R D.B. Civil Miscellaneous Restoration Application No.286/2008 IN D.B. Civil Miscellaneous Appeal No.1448 of 2001 Prakash Chand Dahwa son of Shri Babu Lal VERSUS Smt. Lalita Devi wife of Shri Prakash Chand Date of Order :::: March 4th, 2010 Hon'ble Mr. Justice Dalip Singh Hon'ble Mr. Justice R.S. Chauhan Mr. Sanjay Tyagi, Counsel for the applicant-appellant None present for the respondent *** By the Court :
This is a restoration application. Notices were ordered to be issued to the respondent vide order dated 12.08.2008. It has been reported by the Office on 05.11.2009 that the notices have been received duly served and the service is complete.
None has appeared on behalf of the respondent, despite service.
We have perused the restoration application and on the ground mentioned therein, we are satisfied that there was sufficient cause for the non-appearance of the counsel for the appellant when the case was called for hearing on 15.01.2007.
The restoration application is allowed.
The order dated 15.01.2007 is recalled. D.B. Civil Miscellaneous Appeal No.1448 of 2001 is ordered to be restored to its origional number.
Since, the respondent has not appeared, we direct that the notice of the D.B. Civil Miscellaneous Appeal No.1448 of 2001 be issued afresh to the respondent-Smt. Lalita Devi.
(R.S. Chauhan) J. (Dalip Singh), J. Ashok