1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR C.A.O.NO.703 OF 2009 IN M.C.A.ST.NO.11540 OF 2009 IN S.A.NO.612 OF 2004. Smt.Wachhala wd/o Tulsiram Tangade and ors. ..vs.. Patru Waktu Bhandekar. =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- C ORAM : C.L.PANGARKAR, J. DATED : 15th September, 2009. 1. Heard Mr.K.V.Thomas, learned counsel for the appellants and Mr.A.Paunikar, learned counsel for the respondent. 2. These two applications have been filed for restoration of the appeal which came to be dismissed for non-compliance of the order of this court and for condonation of delay in preferring the application. 3. The appeal was listed on 29/9/2006 before the court. The matter was heard by the court. It was found by the court that no substantial question was 2 incorporated in the memo of appeal and as such a direction was given that substantial question of law be formulated and it should be incorporated in the memo of appeal within period of two weeks. The lawyer for the appellants was then present before the court. 4, It is, therefore, apparent that it was the responsibility of the lawyer concerned to formulate substantial question of law and to incorporate it in the memo of appeal. Instead of doing that, it appears that the concerned lawyer did not even care to file any substantial question of law nor did he care to inform the clients with regard to that. It is apparent from the contents of the application that when the appellants went to the lawyer and questioned about the appeal, they were told to make enquiry in the office of the High Court. It is, therefore, clear that whatever fault was there, that can be put at the door of the lawyer and not at the door of the litigants. In view of this, the delay in preferring the application for restoration stands condoned and appeal stands restored to file. JUDGE. chute