1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2852 OF 2008 IN WRIT PETITION NO.473 OF 2003 Sou Vijaya Arun Beri. ..Applicant. V/s. Shri Vijay Waman Bhat ..Respondent. Mr.Rajesh S. Patil for applicant. Ms.Tanu Mehta Tiwari for respondent. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JANUARY 5, 2009. DATE : JANUARY 5, 2009. DATE : JANUARY 5, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. Perused the pleadings. 2. In my opinion, there is substance in the stand taken by the Petitioner as stated in paragraph-3 of the Application under consideration. That in my view is sufficient cause to hold that non-appearance by the Advocate on the given date was due to inadvertence. Assuming that it was lapse on the part of the advocate, it is well established position that litigant should not suffer for the mistake of the advocate. In the circumstances, for the reasons stated in the application being 2 sufficient cause, in the interest of justice, this application is allowed in terms of prayer clause (a) and (b) on condition that the Petitioner shall pay cost quantified at Rs.5,000/- to the Respondent within two weeks from today, failing which the Order dated 26th February, 2004 shall stand revived in terms of this Order. Application disposed of on the above terms. 3. Since the Respondent is senior citizen, hearing of the Writ Petition No.473 of 2003 is expedited, to be listed under category of Senior Citizen as per its turn. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)