IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Restoration No. 36/2008 Date of order : 17.2.2010 HON'BLE MR.JUSTICE A.M.SAPRE HON'BLE MR.JUSTICE DINESH MAHESHWARI Mr. V.K.Mathur, for the applicant. <><><> This is a restoration application made by the appellant of Special Appeal No. 01119/2006 which came to be dismissed for want of prosecution on 30.10.2007. This is what this Court observed while dismissing the appeal for want of prosecution:- “Nobody appears for either side even in the second round. The appeal is, therefore, dismissed in default.” (2) By order dt. 3.7.2008 this Court had directed issuance of notice of the restoration application to the respondents. It is noticed that the appeal was dismissed in the absence of respondents. We, therefore, feel that it is not necessary to issue any notice to the respondents of this restoration application. (3) We have gone through the cause cited in the application for restoration and in our view it constitute good and sufficient cause for restoring the appeal and for setting aside of the order of the dismissal dt. 30.10.2007. (4) As a consequence, the restoration application is allowed. The order dt. 30.10.2007 passed in S.A.W. No. 01119/2006 is recalled. As a result, the S.A.W. No. 01119/2006 is restored to file. Let the said appeal be now listed for further orders before appropriate Bench. No cost. (DINESH MAHESHWARI ),J. ( A.M.SAPRE ),J. /Sushil/