1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY Original Side Notice of Motion No.758 of 2007 In Suit No.427 of 1982 Navin M. Maniyar Plaintiff Vs. Union Bank of India Defendant Mr.Roop Vasudev for plaintiff. None for defendant. CORAM: R.M.SAVANT,J. November 24, 2008. P.C. 1. By the above Notice of Motion the applicant - original plaintiff seeks restoration of the suit which has been dismissed for default on 25/1/2007 for non appearance of the Advocate. It is the case of the applicant - plaintiff that the above suit was tagged along with Suit No.1477 of 1987 filed by the defendant - Bank. However on 25/1/2007 the above suit had appeared separately and in view of the fact that there was no communication to the Advocate for the plaintiff from his clerk as his clerk was ill, the Advocate for the plaintiff did not appear on the said date and resultantly the suit came to be dismissed for non prosecution. 2 2. None appears for the defendant, though served. The learned counsel for the plaintiff has filed affidavit of service dated 21st November 2008 evidencing service being effected on the defendant. 3. Considering the reasons cited by the plaintiff in the affidavit in support, in my view, case for restoration is made out. The Notice of Motion is, therefore, made absolute in terms of prayer clause (a). The suit is resultantly restored to file. To be heard along with Suit No.1477 of 1987.