HIGH COURT OF CHHATTISGARH AT BILASPUR DNISION BENCH CORAM: HON’BLE SHRI RAJEEV GUPTA, C.J. & / HON’BLE SHRI SUNIL KUMAR SINHA, J. M.C.C. No.153 of 2004 Abdul Raflq, S/o Abdul Latif, R/o Durg Road, Nea! Mandi Gate, Bemetara, P.O. & Tahsil Bemetara, Durg (C.G.) APPLICANT CLAIMANT Versus RESPONDENTS 1. Raju Yadav, S/o Deep Narayan yadav, Profession - Driver, Through 9AlFriends Road Lines Service, Barakpur, 24 Pargana (North) Haloomukam through: Rambriksha Ram, S/o Late Ramlakhan Rai, Lalp‘ukur Khaldar Cabaline', P.O. & P.S. Titagarh, 24 Pargama (North) 2. Rambriksha Rai, S/o Late Ramlakhan Rai, Profession Transport, through - 9A Friends Road Lines Service, Barakpur, 24 Pargana (North) Permanent Address Lalpukur Khaldar Cabline, ’P.O. & P.’S. Titagarh, 24 Pargana (Nonh) Owner of Truck No.w.B. 23-9652) 3. Nationai Insurance Com. Ltd. Through Divisional Manager, Nationat insurance Com. Ltd., G.E. Road, Raipur, Tahsil & Distt. Raipur (C.G.) (insurer of Truck No. w.B. 23-9652) 4. Smt. Afroz Begum, aged about 23 yrs. Wlo Abdul Rafiq, Rlo Bayran Bazar, Raipur, Tahsil & District Raipur (C.G.) Appeal Under Order 41 Rule 19 of the c.P.c. for Restoration ,of the Order Dated 01.11.2004‘ Passed in MA. No.913I2004 Present : Smt. Somsukla Sarkar, counsel for the,petitioner. ORDER (24m september, 2008) The following order ‘-of the Court was passed by Rajeev Gupta, C.J. ~ T\i i r l «E Learned counsel for the petitioner is heard on the restoration petition. 2) The petitioner is seeking restoration of M.A. No.912/2004, 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 petitioner/appeliant, we are satisfied that the absence of the petitioner’s/appeiiant's counsei on 01-11-2004 when M.A. No.912/2004 was taken up for hearing, was based on bone tide grounds. 4) M.C.C. No. 153/2004, therefore, is allowed and MA. No.91 2/2004 is restored to its originai number, ' sdl- r _\_S\uniiKumar Sinha CHIEF JUSTICE Judge f j i "W\k Sd/_ padma r f . 7 \ t