Restor- Appl 26/08 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Restoration Application No.26/2008 in Sales Tax Review Petition No.15/2004 Shriram Oil Extraction Ltd Versus ACTO Spl. Circle I Jaipur Date of Order ::: 20/02/08 Hon'ble Mr. Justice Ajay Rastogi Mr. Madanlal Natani, for applicant Sales Tax Review petition was dismissed in default on 18/07/06 – against which instant application seeking its restoration U/O 41 R.19, CPC has been filed alongwith application seeking condonation of delay of 509 days in filing restoration application. While dismissing review petition in default on 18/07/06, this Court observed that no one appeared on behalf of petitioner to argue the petition in first, second & third round; and since no one appeared even in third round, matter was dismissed. It was not the case of the Counsel that his name was not shown in the cause list of 18/07/06. Present restoration application has been filed on 22/12/2007, i.e., after delay of 509 days. Only explanation furnished in the Restor- Appl 26/08 //2// application is that order of which review petition was sought, was passed by co-ordinate bench (Hon. Mr. Rajesh Balia, J.); as such they remained under impression that it will come before that Bench who had passed initial order of which review was being sought. This cannot be considered to be justified. Once matter has been shown in the cause list, it was the duty of Counsel to take care of the matter. Application has been filed after almost 509 days from the date of dismissal of review petition for non-appearance of the Counsel on 18/07/06. No explanation has been furnished as to why Counsel could not appear despite showing his name in cause list dt.18/07/06. Consequently applications for restoration and condonation are hereby dismissed. (Ajay Rastogi), J. K.Khatri/26RstorAppl08.doc