D.B. CIVIL SPECIAL APPEAL NO.18/2009 DATE OF ORDER : 07.08.2009 HON'BLE MR. JUSTICE A.M. KAPADIA HON'BLE MR. JUSTICE DEO NARAYAN THANVI Mr. M.S. Godara, for the appellant. Heard learned counsel for the appellant. Learned counsel for the appellant submits that he apologizes for the wrong statement made before the Court for filing the requisites. In our view, due to the fault of the lawyer, the appellant should not suffer. The learned Single Judge has taken too technical view while dismissing the restoration application for making wrong statement. The ends of justice would meet, if the parties are given adequate opportunities to contest the revision on merits. The restoration application was dismissed without giving notice to the respondent, therefore, we deem it just and proper to allow this special appeal without serving notice to the respondent. Accordingly, this special appeal is allowed and the impugned order dated 13.04.2009 passed by the learned Single Judge in S.B. Civil Restoration Application No.16/2009 is set aside and the S.B. Civil Sales Tax Revision Petition No.266/2003 is restored to its original number and be listed within 15 days before the appropriate Bench. (DEO NARAYAN THANVI), J. (A.M. KAPADIA), J. ms rathore