1 S.B. Civil Misc. Restoration Application No. 767/2009 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Misc. Restoration Application No. 767/2009 In S.B. Civil First Appeal No. 447/2006 Ajay Rungta & Another Versus Rajendra Prasad Mahipal & Another. Date of Order: 20.10.2010 Hon'ble Mr. Narendra Kumar Jain,J. Mr. Alok Chaturvedi, for the applicants- appellants. Mr. Jainendra Jain, for the respondents. Heard learned counsel for the parties. Learned counsel for the petitioner has filed an application for restoration of first appeal alongwith an application for condonation of delay in filing the application for restoration of first appeal. A notice to show cause was issued to the respondents but no reply has been filed to both the applications. After considering all the facts and circumstances of the case and submissions of learned counsel for the parties and further that the contents of both the applications are supported by affidavit of counsel, I think it 2 S.B. Civil Misc. Restoration Application No. 767/2009 fit and proper to condone the delay and to restore the first appeal. Consequently, delay in filing application for restoration of first appeal is condoned and first appeal is restored to its original number. Both the applications stand allowed. (Narendra Kumar Jain),J. Manoj, Item No.36.