Soma ® APPLICANT: Urmila Agrawal, W/o Sunil Kumar Agrawal, aged about 28 years, R/o HIGBI77 ‘A’ Sector, Vidya Nagar, Bhopal (M.P.) HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Civil Case No.516 of 2009 Versus NON-APPLICANT: Sunil Kumar Agrawal, S/o O.P. Agrawal, aged about 38 years, R/o Near Ram Leela Maidan, Opp. Municipal School, Raigarh, Tahsil & Distt. Raigarh (C.G.) {Application under Order 41 Rule 19 of the‘Code of Civil Procedure, 1908} Present: Mr. R.K. Agrawal, counsel for the applicant. Division Bench: - Hon’ble Mr. T.P. Sharma & Hon’ble Mr. R.L. Jhanwar, JJ ORAL ORDER (4—1 2-2009) 1. Heard l.A.No.1, application for condonation of delay in tiling the application for restoration. 2. This application has been preferred after 26 days of its limitation. 3. On due consideration, we are satisfied that the applicant has been able to explain the delay in filing the application for restoration. Accordingly, l.A.No.1 is allowed. Delay in filing the application for restoration is condoned. 4. Also heard on the application for readmission (restoration) of F.A.(M) No.77/2007, under Order 41 Rule 19 of the C.P.C. 5. F.A.(M)No.77/2007 was dismissed for want of prosecution vide order dated 17-9-2009. 6. On due consideration of the grounds mentioned in the application for restoration, we. are satisfied that the applicant was prevented from appearing before the Court when the appeal was called for hearing. Consequently, the application for restoration is also allowed. F.A.(M) No.77/2007 dismissed for want of prosecution on 17—9—2009, is hereby restored toyits original number. No order as to costs. .-,._._..V . 7.x, H . ... MW. .. .. Sd/- T.P. Sharma Sd/' Judge R.L. Jhanwar Judge _