1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.281 OF 2010 IN FIRST APPEAL NO.591 OF 2009 Smt.Shantabai Ananda Jagtap & Anr.. .. Applicants V/s. Mr.Jayaram Ganapati Jagtap & Anr. .. Respondents Mr.T.S.Ingale for the Applicants. CORAM : R.G.KETKAR, J. DATE : 15TH FEBRUARY, 2010 P.C. : 1. This application is for setting aside the order dated December 5, 1999 whereby the first appeal is dismissed in default. Heard Mr.Ingale, learned counsel for the applicants. He submitted that opponent No.1 Jayaram – Jagtap did not appear even before the learned Commissioner for Workmens Compensation, Sangli, and the case proceeded exparte against him. Affidavit of service evidencing the service of this application on opponent No.1 is tendered by the learned counsel for the applicants. Mr.Ingale submits that even the opponent No.2 is duly served with the application. In view of this, in the interest of justice, Civil Application is allowed in terms of prayer clauses (a) and (b), with no order as to costs. First Appeal No.591/2009 stands restored. (R.G.KETKAR, J.)