HIGH COURT OF CHHATTISGARH AT BILASPUR SinaleBench : Hon'ble Shri DilipRaosaheb Deshmukh. J. Miscellaneous Cjvil CaseXo.163 of 2008 Apulicant (Ap^eltant) Non-ApDlicants (Respondents) Rampyare, S/o Itwari, Caste Kurmi, aged about 60 years, Rlo Village Barbarpur, Tahsil Janjgir, District Janjgir-Champa, Chhattisgarh versus 1. Ramnath, S/o Adhin, aged about 49 years, Caste Kurmi 2. Sukh Sagar, S/o Sadhuram, aged about 44 years Both are residents of Village Barbarpur, Tahsil Janjgir, District Janjgir-Champa, ChhatUsgarh 3. State of Chhattisgarh, Through the Collector, District Janjglr-Champa, Chhattisgarh ADplication for restoration of Second Apoeal No.1/2008 Present: Shri Rajeev Shrivastava, counsel for the applicant. Shri Akhil Agrawal, Panel Lawyer for the State/non- applicant No.3. ORAL ORDER (Passed on this 21st day of April, 2008) This M.C.C. is being flnally disposed of at the stage of admission. (2) Heard. (3) This M.C.C. is directed against the order dated 09-04-2008 passed in Second Appeal No.1/2008, whereby the appeal was dismissed in defautt of the appeltant. On 09-04-2008, upon first call when none appeared, the appeal was passed over. Upon a second call at 03.25 P.M., no one appeared. The appeal was therefore dismissed in default. (4) Shri Rajeev Shrivastava, learned counsel for the applicant/appellant argued that he was busy before another Court when the matter was called for hearing. When he reached the Court to attend the hearing he learnt that the appeat was passed over. Looking to the long list he felt that the matter would be taken on the next day, and therefore, he could not attend the hearing when the appeal was called for the second time at 03.25 P.M. (5) Sufficient cause for non-appearance has been shown. The M.C.C. is allowed. Second Appeat No.1/2008 is restored to file and be listed. Sd/- Dilip Raosaheb Deshmukh Judge Gopal