1 caf1826-11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION CIVIL APPLICATION NO. 1826 OF 2011 IN FIRST APPEAL NO. 186 OF 2008 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. ..... Mr. M. H. Chandanshive for M/s. Khandeparkar & Associates for the applicant. Mr. M. V. Sawant for respondent Nos.1a, 1b, 1d and 1e. ..... CORAM : A.S.OKA, J. DATE : JULY 28, 2011. P.C.: Heard the learned counsel appearing for the applicant and the learned counsel appearing for respondent Nos.1a, 1b, 1d and 1e. The learned counsel appearing for the applicant states that private notice is served to rest of the respondents. Affidavit of service is taken on record. 2. The Appeal preferred by the applicant was 2 caf1826-11 dismissed for non prosecution on the ground of non filling of the paper book. The application is opposed by the learned counsel appearing for the contesting respondents by contending that there is no sufficient cause for delay of 2 years and 44 days. 3. As the advocate appearing for the applicant has not filed paper book, the Appeal stands dismissed for non filing of paper book. A litigant cannot be allowed to suffer for such a technical default. Therefore, a case for restoration is made out. Application is allowed in terms of prayer clauses (a) to (c) subject to condition that applicant will comply with the conditional order dated 15th February, 2008 within a period of four weeks from today, if compliance is not made within the stipulated time, the order of dismissal of Appeal will stand. (A.S.OKA, J.)