IN THE HON'BLE HIGH COURT OF JUDICATURE AT BILASPUR ?S5\ . . .'sy- IVI.C.C. No. /2006 (Arising out of S.A.NO. 270/2003 dismissed on 21.3.05 by Hon'ble Justice Shri Dhirendra Mishra) APPELLANTS DEFENDENTS RESPONDENTS PLAINTIF Dadu Ram and Others VERSUS Bhuri Bai and Others APPLICATION FOR^ESTCtRATION OF SECOND APPEAL T'ha -anj-tnlL-ti-tl-^ in- XI-HC-22 T°9 •<<l'i|l<'l<), ESTil'y'is, («i<iiyy wwn »*iicb.M^.cJ^.Z.o^ 'M Iq^T' 3II^5T^iI ' K'u* sv^v A ^+ii<=h ^fifl an^iTOnwHftn chl*lltn41l <41*4dT ^ f^*<il <i<^H iTaip^qan^r Shri Ramakant Pandey iearned e|3unsel for the applicants. Shri M.P.S. Bhatia iearned PL for Heard on M.C.P. No. 379/2006 filing the application for re an application for itoration of Second ion of No. was dismissed by'this Court on 21.3.2005 for non prosecution. Application for restoration ofthe with the delay of 301 days as perthe Learned counsel for the applicj hearing when the case was ca!!ed he station. He further submits that he cart the second appea! only when he inquir^d by the appellants, and therefore, the ;ondoned. The application for condon^ ^econd appeal has been preferred fents submlts that on the date of iould not appear as he was out of le to know about the dismissal of from the registry on being asked delay being bona fide should be rtion of delay is supported by the For the reasons staied in the apj^i in filing the application for restoration of| Also heard on appiication for res1]oration ofthe appeat It is 'submitted th.at when the could not appear as he was out of being bona fide the appiication' for r^storation of the appea! may be iication, it is al!owed and-the delay thesecond appeal is condoned. al was calted on 21.3.2005, he ion and therefore, his absence sltati II^^^^^:%^^^^^^ ::.'::-:i>Xt..H£'-22:l: ' 31I^?T^T ^¥]RT3D|R( / ffRT^'tiJsa '3^'*li'll|<'lX ®ifl<a'ii»,^<'"*l3< •^ *IINd] !h*liq» OT^?T 'v^se; ^;M;.^^..J.&^ ^ <S "1 290 f^ET' 3ii^T^<nwoft<T allowed. The eounsel for the Fot the , it is all for restorat ants. assigned ind the secon<B that app^l idi «>ii<il<n«i1iiiicii'? fe3> tpij^it ^7 sriigiT 3n^?r ion is also supported by affidavit ofthe the application for restoration of the appe.al No, 270/2003 is restored to its llants deposit a sum of Rs. 5001- with theHighCourtLegalAidCommitte^within 15days. rtcc (6$' ya-^s ^fw-j^ Sd/- DhirendraMishra Judge