-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 476 OF 2009 CIVIL APPLICATION NO. 476 OF 2009 CIVIL APPLICATION NO. 476 OF 2009 IN APPEAL FROM ORDER NO. 154 OF 2009 APPEAL FROM ORDER NO. 154 OF 2009 APPEAL FROM ORDER NO. 154 OF 2009 1. Mrs. Puran Behram Irani (Attaie) & Ors. .. Applicants. (Org.Defts.) V/s. 1.Mrs.Banoo Aflatoon Irani (Attaie) & Ors. .. Respondents. --- Mrs. Taubon Faridoon Irani, in person, present for the Applicants. --- CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. DATED : 08th APRIL, 2009 DATED : 08th APRIL, 2009 DATED : 08th APRIL, 2009 P.C. : P.C. : P.C. : 1. This civil application is taken out for restoration of the Appeal from Order by condoning the delay of two days. 2. Heard the appellant no.4, appearing in person, who is also the constituted attorney of appellant nos. 1 to 3, submitted that service affidavit could not be filed within stipulated time and therefore, the above A.O. came to be dismissed for default. 3. Since the Appeal from Order was dismissed for failure of the applicants to file service affidavit, the -: 2 :- respondents need not require to be heard for the purpose of disposing of this civil application. In para 6 of the application it is affirmed that the applicant no.4, appearing in person, was admitted for surgery on 10th of March, 2009 and was advised total bed rest of 22 days and her stitches were removed only on 1st of April, 2009 by the doctor and therefore, she was unable to file the service affidavits within the period stipulated by this court. 4. In my view the reasons given in para-6 of the civil application are sufficient to condone the delay of two days. Hence, the civil application is allowed and the Appeal from Order No. 154 of 2009 is restored to the file. 5. Civil application is disposed of accordingly. (R.V.MORE,J.) .....