IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR CIVIL APPLICATION NO.3275/2007 IN M.C.A.5200/2007 IN FIRST APPEA NO.600/03 Shivram Sarve ..vs.. Kamnabai Sarve & ors. =================================== CORAM: S.R. DONGAONKAR, J. DATE:9.7.2008 Heard Mr. Saboo, Advocate for the applicant. None present for the respondents. Learned counsel for the applicants states that the reply has been filed, he will produce the copy of the same. The appeal was dismissed on 20.11.2006 for non compliance of the order of this court dated 25.9.2006, for non supply of the Private Paper Book within a period of 8 weeks from that date. It is stated that the costs of the private paper book was around Rs.2000/- for which the present applicant no.1 was required to remain present in the office of the Advocate, but he could not, for he was suffering from High Blood Pressure. As the litigant should not suffer for the mistake on the part of the counsel, the application is allowed. Delay in preferring the application for setting aside the said order of dismissal of the appeal in default is condoned, however, subject to costs of Rs.500/- to be paid to the High Court Legal Services Sub Committee, Nagpur, within two weeks. Application stands disposed of. JUDGE smp.