WRIT REVIEW 88/2006 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH D.B. Civil Review Petition No.88/2006 State of Raj. & Ors. Versus Ratan Singh DATE OF ORDER : 18/08/2010 HON'BLE MR.JUSTICE A.M.SAPRE HON'BLE MR.JUSTICE S.S. KOTHARI Mr. Dinesh Yadav, AAG, for petitioner *** This is a review petition filed by appellant of Special Appeal [Writ] No.416/1999 which came to be dismissed as not pressed on 02/12/2005 by passing following order: “The Dy. Government Advocate has sought adjournment which is refused. He has stated that he has not even having the file of this appeal, although the matter had been entrusted to him. Under the circumstance, the Court has been left with no option than to dismiss the appeal. The appeal is dismissed as not pressed”. Since the Hon'ble Judges, who had passed the aforesaid order, are no longer available and hence, the matter is placed before this Bench for orders. It is not necessary to issue any notice of this review petition to respondent because the respondent was not present at the time when the appeal was dismissed by this Court as not pressed. However, the respondent will be entitled to a notice of the main case after it is restored to its file before its disposal. WRIT REVIEW 88/2006 [2] We have gone through the contents of the review petition and on its perusal we are inclined to recall the order dt.02/12/2005 thereby restoring Appeal No.416/1999 to its file for its decision on merits. In our view, the grounds stated in the application do make out a ground to recall the order dt.02/12/2005 within the meaning of Order 47 Rule 1 ibid. Accordingly and in view of the aforesaid discussion and with a view to do substantial justice between the parties, the order dt.02/12/2005 deserves to be recalled. It is, accordingly, recalled. As a consequence thereof, Special Appeal No.416/1999 is restored to its file. The appeal i.e. SAW No.416/99 be now listed for final hearing before appropriate Bench. [S.S.KOTHARI], J. [A.M. SAPRE],J. FRBOHRA88WRITREVIEW2006 18-08.doc