t^ IGH COURT OF CHHATTISGARH AT BILASPUR Singte Bench : Hon'bje ShnDtli&RaosahebDeshmukh^J. Applicant I.C.C.No.110/2008 Purandhar Patel S/o Shri Ramchandji Patel, aged about 80 years, Ex. Peon of District & Sessions Judge, Raigarh, R/o Modi Malapara, Raigarh, Tahsil & District Raigarh, Chhattisgarh Versus Madhya Pradesh Government (Now Chhattisgarh) Through: Coliector, Raigarh, Chhattisgarh. Government of Chhattisgarh, Through Coilector, Raigarh. Appljcation for restoration of Second Appeal No.122/2Q04 Present : Shri Ratnesh Agrawal, counssl for the appiicant. Shri Akhif Agrawai, Panel Lawyer for the State/noh-applicants. Npn-applicants Respondents ith (Passed on 9'" of Aprii, 2008) r~. f .^.^/. (2) Brief facts are that Second Appea! No.122/2004 vras listed for hearing on 26-02-2007for orders on default. On which date, learned counsel for the appe!!ant prayed for four weeks time to remove the defaults. it was ordered that if the defauits were not removed withln time, this appeal sha!! be liable to be dismissed without further reference to the Bench. According to iearned counsel for fhe applicant, he wrote a letter to the applicant. asking him to come to his office for removrng the defauits but the applicant did not turn up because the letter sent by the counsel for the applicant was not received by him. In the meanwhile, after expiry of four weeks tlme, in view of the peremptory order dated 26-02-2007, the second appeal was treated as dlsmissed by the Registry vide order dated 31-07-2007 and intimati'on was sent to the applicant regarding dismlssal of —z- Tumane the second appeal. On receiving intimation, the applicant came to know about the dismissal of the appeal. (3) Considering the facts and circumstances mentloned above, the M.C.C. is aiiowed. Second ADpeai No.122 of 2004 stands restored to file and now be listed after four weeks. Sd/- Dilip Raosaheb Deshmukh Judge 1