1 D.B. Civil Special Appeal No.185/2007 Girija Prasad Pandey vs Raj. Cooperative Diary Federation & Ors. DATE OF ORDER : - 25.7.2008 HON'BLE MR. PRAKASH TATIA, J. HON'BLE MR. SANGEET LODHA, J. Mr. GR Bhari for the appellant. Mr. DK Parihar, for the respondents. <><><> Learned counsel Shri DK Parihar put in appearance on behalf of all the respondents, hence, the service is complete. At the request of learned counsel for the parties, the appeal itself is heard. S.B. Civil Writ Petition No. 3501/2004 was dismissed in default. The restoration application no.59/2006 was submitted with the plea that due to over sight the counsel could not mark the case in cause list. That plea was not accepted by learned Single Judge a sufficient cause for restoration of the writ petition. Learned counsel for the respondents submits that he has no objection if the writ petition is restored to its original 2 number. Having gone through the reason given by the appellant-petitioner it appears that it was a human error in marking the case in the cause list and, therefore, counsel for the appellant-petitioner could not appear on the date when the case was called and was dismissed by the learned Single Judge. In view of the above, the appeal is allowed, the order dated 25.1.2007 is set aside, the restoration application no.59/2006 is allowed and the writ petition no.3501/2004 is restored to its original number. (SANGEET LODHA), J. (PRAKASH TATIA), J. cpgoyal/-