MC 2978/2011 BEFORE HON’BLE MR. JUSTICE AMITAVA ROY Heard Mr D Mazumdar, learned counsel for the applicant. The application details the intervening facts whereby an explanation has been sought to be provided for the default in taking steps to remove the defect s in the appeal which eventually was dismissed for default on 6.12.2010 on this ground. The averments made supported by an affidavit in substance seek to demons trate that the applicants, in the facts and circumstances of the case, cannot be held responsible for the delay in removing the defects in the accompanying appe al. A statement has also been made to the effect that these defects have now bee n removed. The order dated 6.12.2010 whereby the accompanying RSA No. 103/2005 was dismissed was on the sole ground that the defects in relation thereto had not be en rectified for several years. Upon hearing Mr Mazumdar and on a consideration of the averments made in the application supported by an affirmation and also taking note of the fact th at the defects as on date have been removed, the order dated 6.12.2010 is hereby recalled in the interest of justice. RSA 103/2005 is accordingly restored to fi le. Misc. case stands allowed in the above terms.