1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION [CAO] 1187/2011 IN M.C.A. STAMP NO.13812/2011 IN SECOND APPEAL NO.538/2006 ISRARUL HAQUE S/O FAZAL HAQUE ..VS.. NASIMUDDIN S/O LATE FAZLUDDIN AND OTHERS Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri Israrul Haque, applicant in person CORAM : A.B. CHAUDHARI, J. DATE : 13.09.2011. Heard. This is an application for condonation of delay of about three years in filing the application for restoration of the second appeal that was filed in this court vide Second Appeal NO.538/2006. It appears from the record that the second appeal was filed in this court by the appellant in person on 16.9.2006 and thereafter, the appellant did not attend the court. It then appears that this court had issued a notice to the appellant to remain present for admission, but the bailiff showed inability to serve the appellant for want of correct address. Finally this court had dismissed the appeal, finding that the appellant did not remain present and the appeal was just pending. Now the appellant has appeared before me in person. He submits that he was seriously ill and unable to attend the court, for which he may be excused. I am satisfied from the affidavit filed by him that good reasons exist for condonation of delay, this is all the more so because, after filing of the appeal no progress could made 2 in the appeal, nor any notices were issued to the other side. Hence the delay is condoned. Civil application stands disposed of. M.C.A. STAMP NO.13812/2011 Heard the applicant in person. For the reasons stated in the application, the M.C.A. is allowed. The Second Appeal No.538/2006 is restored to file. The appellant in person states that he would like to avail of the services of the advocate from the Legal Aid Services. The appellant to approach the concerned Officer today only. The concerned Officer shall consider the request of the appellant for providing him the legal aid. Office to proceed. JUDGE SMP