.^^^^, HIGH COURT OF CHHATTISGARH: BILASPUR Single Bench: Hon'ble Shri Dilip Raosaheb Deshmukh, J. Apolicant ADpellant M.C.C.No. 498 of 2007 Bilasrao S/o Chaitram, aged about 85 years, R/o village Pharphamsir, Near Dendatola, Up Tahsil-Chhuriya, Distt. Rajnandgaon (CG) Versus Respondents 1. Bhuwan Bai W/o Hiralal aged about 45 years, R/o Village Aasra, Tahsil & Distt. Rajnandgaon (CG) (PlaintiffNo.2) 2. Agar Bai W/o Ramkhilawan, aged about 35 years, R/o Village Gendatola, Tahsil and Distt. Rajnandgaon (CG)-(Plaintiff No.2) 3. State of Chhattisgarh Through:- Collector, District Rajnandgaon (CG)-(Defend9nt No.6) 4. Rambai W/o Sonsai R/o Village DhabanRhedi Post-Gotanwar, Tahsil Debri, District Bhandlra (Maharashtra) 5. Tejram S/o Mahesh, aged about 32 years, 6. Ghanshyam S/o Mahesh, aged about 30 years, 7. Gulab S/o Mahesh, aged about-27 years, Respondent No. 5 to 7 are r^idente of Village Pandaripara, Near Gendatola, Tahsil & DjstTtCt Rajnandgaon (CG) 8. Mahesh Kumar S/o Dhaslya, aged about 68 years. R/o Village Pandaripathara, Tahsil & District Rajnandgaon (CG) 9. Smt Sita Bai, W/o Dhanesh Sahu, aged about 38 years, R/o Viltage Pangri Tahsil & District Rajnandgaon (CG) 10. Smt Pila Bai W/o Ram Khilawan Sahu, aged about 27 yeare, R/o Village-Birjhutola, Tahsil Chowki, Distt. Rajnandgaon (CG) ApDlication for restoration of S.A. No.374<2007 Z^L- -^- Present: Shri Anup Mazumdar, counsel for the applfeant. Shri Akhil Agrawal. PL for State. ORAL ORDER (Passed 0019.11.2007) Heard on I.A. No.1 for condonation of delay in fiting the application for restoration ofS.A. No.825/2007 (2) Considered and allowed. Delay iscondoned. (3) Heard on M.C.C. No.498/2007. (4) Second appeal No.825/2007 was listed on ctefaylt on 27.7.2007. Learned counsel submitted that the default pointed out by the registry was that the legible copy of the trial Court's judgmentwas notfurnished. Shri Ravi Maheshwari, learned counsetwhoappeared for the appellant on 27.7.2007 had sought fourweek's tim@ to remove the default. (5) In view of the peremptory order dated 27.7.2007 that if the default is not removed within the time stipulated, the appeal shall be liable to be dismissed without anyfurttier reference to the Bench.the appeal was dismissed after four weeks. (6) In view of the grounds stated in the application for restoratfon ofS.A. No.825/2007,1 am ofthe considered opinion thatthe applieant should not be penalized for the mistake on the part ofthecounset. (7) Application M.C.C. No.498/2007 is allowed sttbject to deposit of cost Rs.400/- before the High Court Legal Aid Committee witNn a week from today. Upon such deposit being macte, secoi^ appeal No.374/2007 (PR No.825/2007) shatl stand restored to file and be listed thereafter. ! Sd/- Dilip Raosaheb Deshmukh Judge Priya