1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CIVIL APPLICATION NO. 968/2008 in M C A No. 12386 /2007 in SECOND APPEAL NO.439 /2004 (Hamidkha Majitkha vs. Rajjakha Majitkha and others ) ------------------------------------------------------------------------------------------- Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Mr V G Bhamburkar Adv.for applicant Coram : A.P.BHANGALE, J. Dated : December 2, 2009 According to the learned Advocate for applicant/appellant, the applicant did not note about the order dated 3.1.2007 whereby the appeal came to be dismissed as against non-applicant nos. 2-B, 2C & 2-D. The order which was passed by this Court on 3.10.2006 was conditional indicating that if non-applicants 2-B, 2C & 2-D are not served within specified time, the appeal would be dismissed automatically but the applicant was not aware of the said order due to non-communication from earlier Advocate. 2. Keeping in mind the well-accepted principle that litigant should not suffer on account of fault of Advocate, I am inclined to condone the delay. The delay is condoned, subject to payment of cost of Rs. 500/- 2 payable to High Court Legal Services Sub-Committee, Nagpur, within a period of four weeks from today. C.A. is a allowed. JUDGE. sahare