^^^^ c"^ \\ HIGH COURT OF CHHATTISGARH AT BILASPUR DJVISIONBEMCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLESHRI N.K. AGARWAL, J. MCCNo. 309 of 2011 Applicants Appellants 1 ••'•w Non-applicants Respondents Smt. Divya Dewangan, widow of late Virendra Kumar Dewangan, aged about 29 (at present 31) years. Hemant Kumar Dewangan, aged about 12 (at present 14) years (Minor), son of late Virendra Kumar Dewangan. Yogesh Kumar Dewangan, aged about 9 (at present 11) years (minor) son of late Virendra Kumar Dewangan. Kumari Kiran Dewangan, aged about 6 (at present 8) (minor) years, daughter of late Virendra Kumar Dewangan. Sl. No. 2 to 4 are minors, through their natural guardian mother Smt. Divya Dewangan, resident of Virendra Tailor's Chowk, Nayapara Road, Durg, Tah. and Distt. Durg Chhattisgarh. VERSUS Lalit Singh Rajput, son of Shri Gore Singh alias Virendra Rajput, aged about 25 (at present 27) years, resident of Bajrang Nagar, Ward no. 33, Durg, Tah. and distt. Durg on the paar of Hatyara Khai Talab situated on Shivnath River Road, near the house of Geetabai. Praveen Kumar Vakaliwala, son of Shri Madanlal Vakaliwala, aged about 30 (at present 32) years, resident of Arya Nagar, Durg, distt. Durg (Chhattisgarh), Postal Address: C/o Jain Industry 27 Light Industrial Area, Bhilai Nagar, Tah. and Distt. Durg Chhattisgarh. .^l?^'^.' f/^'\ \^ 3 Branch Manager, National Insurance Company Limited, branch bhilaj ngar, C.B. Ore 11, Thakka Chambers, G.E. Road, Power House, Bhilai, Tahsil And Djstrict Durg Chhattisgarh ApDlication under Order 41 Rule 19 of the Code of Civil Procedure. 1908 Present : Shri R.N. Jha, counsel forthe petitioners. ORDER (21st July, 2011) The following order of the Court was passed by Rajeev Gupta, CJ. Learned counsel for the petitioners is heard on restoration petition. 2) The petitioners are seeking restoration of M.A. No.630/2004 which was dismissed for want of prosecution vide order dated 03.05.2011. 3) On due consideration of the submissions of learned counsel for the petitioners and the grounds taken in the restoration petition, we are satisfied that the absence of the petitioners'/appellants' counsel on 03.05.2011, when M.A. No. 630/2004 was taken up for hearing was based on bonafide grounds. 4) M.C.C. No. 309/2011, therefore, js allowed and M.A. No.630/2004 is restored to its original number. Sd/- Chief Justice nlmmi Sd/- N.K. Agarwal Judge