'-^ '^1 :!-.sa- 11 HIGH COURTOF CHHATTISGARH AT BILASPUR DIVIS10N BENCH CORAIVI: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI SUNIL KUMARSINHA, J. APPELLANT DEFENDANT RESPONDENTS PLAINTIFF tfl.C.C.No.190of2007 Hastimal through its L.R's Moolchand Jain S/o Lt. Shri Hastimal Jain aged about 35 years, R/o Village Mudipara, Tah. Khairagarh, Distt. Rajnandgaon Versus 1. Smt. Sukaiia Bai, aged SOyears, W/o Chhumuk Lodhi, R/o Piparia, Tah. Khairagarh, Distt. Rajnandgaon 2. Bisoha Ram, aged 40 years S/o Asharam Lodhi, R/o Sankra, Tah. Khairagarh, Distt. Rajnandgaon. 3. Balaram, aged 40 years, S/o Asharam Lodhi, R/o Sankra, Tah. Khairagarh, Distt. Rajnandgaon. 4. State of Chhattisgarh through the Collector Rajnandgaon (C.G.) ApDlication for Restoration under Order 41 Rule 19 ofthe CodeofCivil Procedure Present: Shri Anand Shukla, learned counsel for the petitioner. Shri SanjeevKumar Sahu, learned counsel fpr respondents No.1 to3. „ - ^--^- '•' Shri Sumesh Bajaj, learned Government Advocate for the State/respondent No.4. •thORPER (2Sm Augtist, 2008) The following order of the Gourt was passed by Rajeev Gupta, CJ. Learned counsel for the parties are heard on IA No.1/2007, an application for condonation of delay in filing the restoration petition. subbu :fe-. ^ "z- 2) On due consideration, IA No. 1/2007 is allowed and the delay in filing the restoreition petition is hereby condoned. 3) Learned counsel for the parties are heard on the restoration petition. 4) The petitioner is seeking restoration of Second Appeal No.273/1993, which was dismissed for want of prosecution vide order dated 16-08-2001. 5) On due consideration of the submissions of learned counsel forthe parties, we are satisfied that the absence of the petitioner's/ appeliant's counsel on 16-08-2001 when Second Appeal No.273/1993 was taken up for hearing, was based on bona fide grounds. 6) M.C.C. No.190/2007, therefore, is allowed and Second Appeal No.273/1993 is restored to its original number. Sd/- ChiefJustice Sd/- 4. Sunil Kumar Sinha Judge •^-^^•-- ^