1 D.B. Civil Special Appeal No.73/2007 Rahim Bux. vs. Sayra. Date : 19.5.2008 HON'BLE MR. PRAKASH TATIA, J. HON'BLE MR. CHAND MAL TOTLA, J. Mr.JL Purohit, for the appellant. None present for the respondent. - - - - - Heard learned counsel for the appellant as nobody appeared for the respondent despite service. SB Civil Second Appeal No.137/2004 was dismissed by the Single Bench on account of non-prosecution vide order dated 13.9.2006. An application was submitted for restoration of said second appeal which too was dismissed by the learned Single Judge vide order dated 11.12.2006 after holding that no sufficient cause is made out. We peruse the reasons given by the learned counsel for the appellant in the application for restoration of the second appeal wherein the learned counsel stated that he could not reach the Court because of the break 2 down of his car and the case was listed at S.No.5 and could reached only at 10:50 AM. We find that cause shown was sufficient and just cause and should have been believed by the Single Bench. Because of the fault of the advocate and because of an incident which is beyond control of any person, constitutes a sufficient cause. In view of the above, this special appeal is allowed and the order dated 11.12.2006 is set aside. Consequently, the restoration application is allowed and the SB Civil Second Appeal No.137/2004 is restored to its original number. (CHAND MAL TOTLA), J. (PRAKASH TATIA), J. S.Phophaliya