MC 772/2011 BEFORE THE HON’BLE MRS JUSTICE ANIMA HAZARIKA Heard Mr. AM Mazumdar, learned Senior counsel, assisted by Mr. AK Talukd ar, Advocate, appearing for the applicant. Also heard Mr. R Barman, learned coun sel for the respondents. This miscellaneous application has been filed for restoration of the MC No.1304/2010, which was dismissed for default vide order dated 13.09.2010 passed in the accompanying regular second appeal being RSA No.77/2000. In view of the order passed today i.e. 02.05.2011, in M.C.No.773/2011 as well as considering the statements made on oath in the application, particularl y, the statement made at paragraphs 3 and 4 of the application, I am satisfied t hat this is a fit case to restore it to file. Accordingly, the order dated 13.09 .2010 dismissing the MC No.1304/2010 passed in the accompanying regular second a ppeal being RSA No.77/2000 for default is recalled. Consequently the MC No.1304/ 2010 in RSA No.77/2000 is restored to file. Miscellaneous case is accordingly allowed and disposed of.