IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 3855 of 2007 Date of decision : July 27, 2009 Ram Pal Appellant Versus Kanshi Ram and others Respondents CORAM : HON'BLE MS. JUSTICE NIRMALJIT KAUR Present : Mr. R.A. Sheoran, Advocate for the appellant None for respondent No. 1 Mr. Narender Hooda, Advocate for respondents No. 2 to 4 NIRMALJIT KAUR, J. (ORAL) The present appeal has been filed against order dated 16.9.2006 passed by Addl. District Judge, Bhiwani whereby he dismissed the application for restoration of the appeal. The facts in short are that appellant had filed an appeal against the judgment and decree dated 12.11.1997. However, the said appeal was dismissed in default vide order dated 20.12.2002 and appeal was restored vide order dated 4.9.2004 subject to payment of costs of Rs. 500/-. However, the case was restored and the matter was adjourned to 16.10.2004 for payment of costs. Learned counsel for the appellant states that the said payment could not be made as the Presiding Officer was on leave on 16.10.2004 and again on he was on leave w.e.f. 29.11.2004 to 22.12.2004. When the case finally came up for hearing on 5.2.2005, counsel for the appellant was out of station and he could not appear. FAO No. 3855 of 2007 2 The reasons so mentioned for not depositing the costs imposed do not justify the lapse on the part of the appellant for not having deposited the cost. However, none has put in appearance on behalf of the contesting respondents. The interest of justice would be served if one last opportunity is granted to pay the costs and the present appeal is allowed subject to payment of Rs. 10,000/- as costs which shall include Rs. 500/- already due to be deposited as per direction of the Lower Court. The order dated 16.9.2006 is accordingly set aside subject to the payment of costs. In case the said costs are deposited, the appeal against judgment and decree dated 12.11.1997 shall be restored and thereafter disposed of on merits. The present appeal is allowed in the above terms. (Nirmaljit Kaur) 27.07.2009 Judge reena