IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.128 OF 2008 IN SECOND APPEAL NO.1416 OF 2004 Mr.D.P. Mhatre. ..Applicant. Vs. Shri. S.N. Maharaj and ors. ..Respondents. None for the Applicant. Ms.Varsha Sawant i/by Ms. Gouri Godse for the Respondent No.1. CORAM: R.S. MOHITE, J. DATE : 10th June,2008 P.C. P.C. P.C. 1. The Advocate for the applicant is absent. Heard Advocate for the respondent No.1. 2. This is an application for setting aside the order dated 15.12.2006 dismissing the second appeal. It appears that the second appeal was dismissed as the advocate for the applicant was absent and missed the matter. The applicant should not suffer for the mistake of his advocate. In the circumstances, application is allowed in terms of prayer clause (a) and (b) subject to payment of costs of Rs.1000/- to the respondents which is condition precedent. The costs to be paid within six weeks from today. It is made clear that if the costs is not paid within time, second appeal to stand dismissed for non compliance on this ground alone. (R.S. MOHITE, J.)