(~x K ..,' x s', HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLB MR. T.P. SHARMA 8t HON'BLE MR. R. L. JHANWAR. JJ. MISCBLLANEOUS CIVIL CASE No. 441 OF 2009 APPLICANT APPELIANT DBFBNDANT VERSUS RESPONDENT RESPONDENT PLAINTIFF Brijnandan Shashtri S/o Kamla Prasad Shashtri Aged 28 years, R/o CivU Luies, Nearby Rest House, Police Statlon CivU Line Kotwali District Sihora (MP). Smt. Asha Singh,Aged 24 years D/o I.P. Singh, R/o Q. No. 27, Block No. 8 Sector No. 1, Bhilal Nagar, Police Station BhUai, TehsU and District Diirg (CG). APPLICATION FOR RBSTORATION OF FD T APPEAL (Ml NUMBER 34/2007 THATWASDISBnSSEDFGiR WANT OF PROSECUTION VmE ORDER DATED 17/9/2009. Presenfc- ShriR.S. Marhas, Advocate forttie applicant ORAL-JUDCrBMENT (Passedon 05/11/a009) The Jollowiiw order of fhe Court was passed by T.P. Sharina, J:- 1. Heard on restoration application of fhe First Appeal (M) No. 34/2007 dlsmlssed for want of prosecution vide order dated 17/9/2009. 2. Leamed counsel for the appllcant submlts that Flrat Appeal (M) No. 34/2007 was llsted for hearing on 17/9/09, after taking no objection certificate from Shri Arun Kochar, Advocate he has filed Vafcalatnamci on <\ • & 4. 14/8/09 but his name has not been mentioned in fhe cause list therefore, he has not appeared before the Court when fhe case 1s called out for hearing. Leamed counsel for fhe appUcant Shri R.S. Marhas, bas filed fhe copy of fhe cause list. On due consideration, we are satisfied that present appUcant has been able to explaui the cause of non appearance dated 17/9/09 when the First Appeal (M) No. 34/2007 was caUed out for hearing. Gonsequenfly, fhe restorationappllcationisaUowed.The FirstAppeal (M) No. 34/2007 1s restpred in itsoriginal number. No order as to cost. MSS ESiSSi ®^1I i^Ns^;i3 •I SB8 Sd/- T.P. Sharma Judge Sd/- R.L. Jhaiiwar Judge • ' Ss^^^ iNi^^l 111^^ BUSS ^S/SsSKSi KtSS •II B«»