1 MCC No.81/2011 13.12.2011 Shri Prakash Shrivastava, Advocate for the applicants. Perused the record. This is an application for restoration of Second Appeal No.43/09. On 27.10.2010 in absence of learned counsel for the applicants/ appellants the second appeal was dismissed for want of prosecution. Thereafter, an application for restoration was filed by the applicants along with the application for condonation of delay on the ground that on 20th September when the case was fixed mother of the applicants' counsel Shri Bhupendra Nayak was not well, this fact was pointed out to the Court and thereafter he had gone to the Hospital. Later on she died on 19.10.2010. On 27.10.2010 the matter was listed for hearing but no one gave appearance on behalf of the applicants. Thus, the second appeal was dismissed for want of prosecution. Shri S.D. Bohra, Government Advocate is appearing for the respondent No.4. None for other respondents, though notices were issued on 14.6.29011. On last date when the matter was listed on 3.8.2011 it has been informed that Shri Bhupendra Nayak has also expired. On due consideration of the facts & circumstances of the case, the cause shown by the applicants for not filing an application in time is sufficient to condone the delay of 62 days. Accordingly, the delay in filing application for restoration is allowed. For the reasons assigned in the application for restoration of appeal prayer for restoration of second appeal is allowed. The appeal is restored to its original number. (P.K. Jaiswal, J.) rcs*