IN THE COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.5452 OF 2008 IN FIRST APPEAL NO.36 OF 1007 Dhiraj Ratilal Shaha & Ors. .. Applicants V/s. Chhaganlal Vallabhdas Shaha & Anr. ..Respondents None for the Applicant. Mr.N.B.Shah for the Respondents. CORAM : U.D.SALVI, J. DATED : FEBRUARY 10TH,2009. P.C. Heard Mr.Shah for the Respondents. Perused the Application. First Appeal No.36 of 1997 came to be dismissed in default on 6th October, 2008 for the reason of the Petitioners Advocates inability to reach the court in time. On 6th October, 2008, it is pleaded that the First Appeal was not expected to be reached for 1 hearing. However, sudden collapse of the Board brought the First Appeal high on board and eventually the First Appeal came to be dismissed in default. The absence of the Petitioners Advocate, appears was unintentional. Hence, the order : :: O R D E R :: i. First Appeal No.36 of 1997 is restored to file. The order dated 6th October, 2008 dismissing the said First Appeal in default is set aside. No orders as to costs. ii. Posted for final hearing on 12th March, 2009. [U.D.SALVI, J.] 2 3