: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.938 OF 2010 IN FIRST APPEAL NO.564 OF 2000 Phoolmati wd/o Ramjeet Lodh & Ors. ... Appellants V/s. Mannu Ramavatar Lodh & Anr. ... Respondents Mr.Kapil Shetye for Applicants Mr.A.A. Siddiqui for RespondentNo.1 CORAM: SMT.NISHITA MHATRE, J. DATED: APRIL 29, 2010 P.C.: 1. The civil application has been filed for setting aside the order dated 16.10.2004 by which the appeal was dismissed. According to the applicants, she had entrusted her appeal to S.S. Subramanian Iyer who was practising as an advocate. She contends that she learnt that he has stopped practising. She has stated further that she learnt of this fact only when the execution proceedings were undertaken and she went to meet her then advocate. The applicant has further stated that she had bonafide entrusted the appeal to the aforesaid advocate and had also paid his fees. She has further contended that she was not informed that the advocate would be discontinuing his practice. She has further stated that she being an illiterate widow had no knowledge about the legal proceedings and it was only when she approached a new advocate that she learnt that the appeal had been dismissed. : 2 : 2. The respondent No.1 has filed reply to this civil application contending that the applicant has given no particulars as to when she learnt of the advocate having stopped practice or when she had engaged the new advocate. It is further submitted that the applicant ought not to have made such wild allegations against Mr.Subramanian Iyer without there being any basis. 3. Admittedly, Mr.Subramanian Iyer was practising as an advocate when the appeal was admitted. Assuming he was the junior of an advocate who still continues to practice it would not lead to the inference that the respondent wants me to draw, that it is the senior of Mr.Subramanian Iyer who is responsible for the dismissal of the appeal. 4. In my opinion, the appellant has made out a case for restoring the appeal. She has shown sufficient cause for which the appeal needs to be restored. It cannot be doubted that once an appellant entrusts work to an advocate, the advocate is expected to deal with it diligently to ensure that his client gets justice. Moreover, when an advocate decides to discontinue his practice, it is his responsibility to inform his clients accordingly. 5. In these circumstances, in my opinion, the civil application must be allowed. Accordingly, the civil application is allowed in terms of prayer clauses (aa, (aa) & (bb). However, the applicant will pay costs of Rs.1,000/- (Rupees One thousand only) to Respondent No.1 within four weeks from today.