[1] SB CIVIL MISC. RESTORATION APPLICATION NO.144/2009 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR O R D E R S.B. CIVIL MISC. RESTORATION APPLICATION NO.144/2009 IN S.B. CIVIL FIRST APPEAL NO.391/2005 EXECUTIVE ENGINEER, PWD, BUNDI & ANR. Vs. NARENDRA KUMAR MITTAL Date: 25.10.2010 HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. Suresh Pareek for Mr. Hari Barath, Addl. Govt. Counsel for the applicants. **** Learned counsel for the applicants has moved an application for restoration of first appeal. There is delay in filing the application, therefore, an application under Section 5 of the Limitation Act has also been moved for condonation of delay in filing the application. A notice to show cause was given to the respondent, but neither any reply to the above applications has been filed nor anyone is present on behalf of the respondent despite service of notice to oppose the applications. After considering the submissions of learned counsel for applicants and also the [2] SB CIVIL MISC. RESTORATION APPLICATION NO.144/2009 reasons assigned in the applications duly supported by affidavits, I think it fit and proper to condone the delay and to restore the appeal. Consequently, both the applications are allowed. Delay in filing the application for restoration of appeal is condoned and the first appeal is restored to its original number. (NARENDRA KUMAR JAIN),J. /KKC/