MC 1315/2010 BEFORE HON’BLE MR JUSTICE B.P. KATAKEY Perused the office note dated 9.9.2010 wherefrom it appears that the res pondent No. 2 when tendered has refused to accept the notice. Hence the service on respondent No. 2 is deemed to be effected. It also appears from the said office note that neither the A/D card nor the unserved notice in respect of the respondent No. 1 has been received back. Office Note dated 4.6.2010 reveals that such notices were issued by regi stered post with A/D on 4.6.2010. It appears that the notice was issued to the r espondent No. 1 in the address given in the plaint. In view of the above and since more than 30 days have elapsed from the d ate of issuance of the notice by registered post with A/D the notice on responde nt No. 1 is deemed to be served. Heard the learned counsel for the applicant. The applicant, by the present application, is praying for readmission of the of the appeal by recalling the order dated 20.4.2010 whereby and whereunder the appeal has been dismissed for non prosecution. I have perused the averments made in the application and upon perusal of the same, I am satisfied that the applicant was prevented by sufficient cause i n not appearing before the Court when the appeal was taken up for consideration on 20.4.2010. In view of the above, the order dated 20.4.2010 is recalled. The appeal is readmitted in its original number. Misc. Case allowed.