HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON’BLE SHRI RAJEEV GUPTA, C.J. & ’ HON’BLE SHRI SUNIL KUMAR SINHA, J. M.C.C. No.156 of 2004 APPLICANTS 1. Smt. Sukwantin Bai, aged about 45 Yrs. CLAIMANTS W/o Ghansingh Giri, Ghansingh Giri, aged about 50 Yrs. S/o Jailal Giri. Ku. Brij Kumari, aged about 16 Yrs. D/o Ghansingh Giri (Minor) 4. Santosh Kumar, aged about 12 yrs., Slo Ghansingh Giri (Minor) The applicants no. 3 & 4 minors are brother & Sister of the deceased. Through the guardian, i.e. the mother, the applicant no.1 Smt. Sukwantin Bai. Applicant No. 1 to 4 they all are R/o Vill. Urla, Satnamipara, P.S. Urla, Tahsil & Distt. Raipur (C.G.) Versus RESPONDENTS 1. Narsingh Yadav, aged about 35 Yrs. S/o Dukhan Yadav, Profession Truck Driver, Rlo Ajanta Timber, Fafadih, Raipur (C.G.) 2. Shri Paras Patel, Truck Owner, R/o Ajanta Timber, Fafadih, Raipur (C.G.) 3. The Oriental insurance Comp. Ltd. Through Divisional Manager, Divisional Office No.2, Business‘Area, Vanijya Bhawan, Devendra Nagar, Raipur (C.G.) Appeal Under Order 41 Rule 19 of the C.P.c. fonRestoration of the Order Dated 01.11.2004. Passed in M.A. No.103412003 Present : Smt. Somsulda Sarkar, counsel for the petitioners. ORDER (24* September, 2008) l '@ The following order of the Court was passed by Rajeev Gupta, c.J. Leamed counsel for the petitioners is heard on the restoration petition. 2) The petitioners are seeking restoration of MA. No.1 034/2003, which was dismissed for want of prosecution vide order dated 01 -1 1‘2004. 3) On due consideration of the submissions of teamed counsei for the petitioners/appeiiants, we are satisfied that the absence of the petitioners’lappetlants’ counsei on 01-11-2004 when MA. No.103412003 was taken up for hearing, was based on bone fide grounds. 4) M.C.C. No. 156l2004, therefore, is ailowed and M.A. No.1034/2003 is restored to its original number. /"‘ “xx W ’i' m7\¥ ¥ CHIEF Sdl- JUSTICE i Sunil Ku Sd/. mar s- N Jud9e '"ha ,1- Dadma / (