IN THE HIGH COURT OF JUDICATURE FOR RAJASHAN AT JAIPUR BENCH, JAIPUR. ORDER S.B. CIVIL MISC. RESTORATIOIN APPLICATION NO.9/2008 S.B. CIVIL FIRST APPEAL NO.202/2007 Rakesh Jain Vs. Jagdish Prasad & Ors. 30.1.2008. HON'BLE MR. JUSTICE DALIP SINGH Shri Jinesh Jain, for the petitioners. Shri J.P. Goyal, for the respondent. The matter comes up on the restoration application filed by the applicant appellant whose appeal S.B. Civil First Appeal No.202/2007 was dismissed by this court on 3.9.2007 for non prosecution. Along with restoration application an application under Section 5 of the Limitation Act has also been filed for condonation of delay and it has been submitted that the learned counsel failed to mark the case in the cause list on the date when the case was listed in court and as such could not appear when the case was called. It has further been submitted that on 17.12.2007 the appellant Rakesh Jain approached the learned counsel for the appellant and apprised him regarding the fact of compromise which had taken place between the parties on 25.10.2007 and it is then that the appellant came to know that the appeal had been dismissed on 3rd September 2007. After obtaining the certified copy of the order on 19.12.2007 this petition was filed without delay after winter break on 02.01.2008. These facts are not disputed by the respondent. Having heard learned counsel for the parties in the facts and circumstances as mentioned in the application under Section 5 of the Limitation Act. I am inclined to condone the delay and allowed application under Section 5 of the Limitation Act as there was sufficient cause for not having filed the application in time. The said application bearing No.65 dated 02.01.2008 stands allowed. In view of the facts as mentioned in the application filed under Order 41 Rule 19 read with Section 151 CPC which are similar to the onse mentioned above I find that there was sufficient cause for the non appearance of the counsel as well as the appellant when the case was called for hearing on 3.9.2007. In view of the above, this restoration application stands allowed. S.B. Civil First Appeal No.202/2007 is restored to its original number. Learned counsel for the parties submit that they have filed today before this court an application under Section 151 C.P.C. stating there in that in view of the compromise which has taken place between the parties on 25.10.2007 the appellant does not wish to press this appeal and seeks leave of the court to withdraw the same if is thus submitted that the appeal itself may be allowed to be withdrawn. The Registry is directed to register the application filed under Section 151 C.P.C. today jointly by both the parties. The said application is allowed. The S.B. Civil First Appeal No.202/2007 which has been restored vide order passed today i.e. 30.01.2008 in S.B. Civil Misc. Restoration Application No.9/2008 is permitted to be withdrawn in the light of the application submitted under Section 151 CPC filed today seeking leave of the court to withdraw the appeal, in view of the compromise entered into on 25.10.2007 between the parties as mentioned in the application. The S.B. Civil First Appeal No.202/2007 is dismissed as withdrawn. There shall be no order as to costs. (DALIP SINGH),J. Ramchandrkhatri,PS