Full Judgment
1 MCC No.110/2013 04.02.2013 Shri K.K.Kushwaha learned counsel for the applicants.
This is an application for restoration of S.A No.294/2011 dismissed for want of prosecution by order dated 03.01.2013.
It is submitted by the learned counsel for the applicants that the aforesaid appeal stood dismissed on account of the fact that the counsel for the appellants could not notice the case in the cause list and as such could not remain present when the matter was called up for hearing and due to his non-appearance the appeal came to be dismissed for want of prosecution.
In such circumstances, it is submitted that the application for restoration deserves to be allowed.
The application is supported by an affidavit of the learned counsel for the applicants.
Having heard the learned counsel for the applicant and looking to the fact that the reasons stated in the application for restoration are bonafide, the same is allowed.
The impugned order dated 03.01.2013 passed in S.A No.294/2011 is recalled and is directed to be restored to its original number.
This M.C.C stands disposed of.
A copy of this order be placed in the record of S.A No.294/2011.
C.C as per rules.
( R.S.JHA ) JUDGE msp.mms/-