:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPEALLATE JURISDICTION CRIMINAL APPLICATION NO.214 OF 2007 IN CRIMINAL WRIT PETITION NO.2569 OF 2004 K.P.G. Nair. ..Applicant. Vs. State of Mah. and ors. ..Respondents. Mr.Shirish Gupte, Sr. Counsel for the Applicpant. Mr. Yashpal Thakur for the Respondent No.2. Mr.Y.S.Shinde, A.P.P. for the State. CORAM : R.S. MOHITE, J. DATED : 7th March, 2008. P.C. P.C. P.C. 1. Rule. By consent, rule made returnable forthwith. 2. This is an application for setting aside the order dated 20.3.2006 dismissing the above writ petition. On Perusal of the impugned order dated 18.3.2006, it is seen that though the applicant had engaged an Advocate none appeared for the petitioner and therefore, petition was dismissed for default. 3. In the application, the applicant has stated that his Advocate Sari.V.K.Shah appeared on the first date i.e. 10.1.2005 and obtained ad interim relief. Thereafter, the matter was listed on board on 18.3.2006. The averment is that Advocate Mr. V.K.Shah was not keeping good health and therefore, he could not :2: attend the matter on 18.6.2007 and therefore, petition was dismissed. The applicant has stated that he was not aware about the dismissal of the petition. When the main matter came up before the Trial Court on 18.6.2007, the Advocate for the second respondent produced the impugned order dated 18.3.2007 and therefore, in the circumstances, he came to know about the order passed by the court. 4. The reply has been filed stating that the applicant is not diligent. It is well settled that the party should not suffer on the ground of default committed by his Advocate. it is submitted across the bar that the concerned Advocate was suffering from Cancer and ultimately expired. In such circumstances, I am inclined to make rule absolute and allow the application. Hence, application is allowed and Criminal W.P.No.2569 of 2004 is restored to file. 5. The Writ Petition may be placed on board for admission on 17.3.2008. (R.S.MOHITE, J.)