1 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2850 OF 2008 CIVIL APPLICATION NO. 2850 OF 2008 CIVIL APPLICATION NO. 2850 OF 2008 IN IN IN FIRST APPEAL NO. 2765 OF 2006 FIRST APPEAL NO. 2765 OF 2006 FIRST APPEAL NO. 2765 OF 2006 Ramganesh Mukut Singh .. Appellant V/s. Chandrabali R. Yadav & Ors. .. Respondents Ms.Venna Gautam h/f.Pandye & Co. for the Appellant. None for the Respondents. CORAM : S.S.SHINDE, J. CORAM : S.S.SHINDE, J. CORAM : S.S.SHINDE, J. DATE : JUNE 4TH, 2008. DATE : JUNE 4TH, 2008. DATE : JUNE 4TH, 2008. P.C. P.C. P.C. . Rule. Heard forthwith. 2. This Civil Application is filed by the original Appellants for recalling earlier order passed by this Court on 7th February, 2008 in Civil Application No.4706 of 2006. The order dated 7th February, 2008 passed by this court reads thus :- Stand over till 2nd April, 2008. If no steps are taken to effect service of notice to the third respondent on or before 27th March, 2008. Application will stand dismissed for non-prosecution as against the third respondent without further reference to the Court. 2 2. The Appellant submits that since there is no compliance of the order dated 7th February, 2008, the Appeal stood dismissed against the Respondent No.3. The Appellant submits that now the correct address of Respondent No. 3 is available with the Appellants. The Appellant be allowed to carry out amendment to the First Appeal as well as the Civil Application. The Applicant further prays that order dated 7th February, 2008 passed by this court may be recalled and Appeal should be restored against Respondent No.3. 3. I have heard the learned Advocate appearing for the Appellant, I am satisfied that earlier order dated 7th February, 2008 needs to be recalled. The Civil Application is allowed in terms of prayer clauses (a) and (b). Issue fresh notice to Respondent No.3 on the address given by the Appellant returnable on 16th July, 2008. In the meantime the Appellant/Applicant is directed to serve the Respondent by private notice. Application is disposed of in terms of prayer clauses (a) and (b). (S.S.SHINDE,J.) (S.S.SHINDE,J.) (S.S.SHINDE,J.)