1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR MISC. CIVIL APPLICATION NO.983/2010 IN SECOND APPEAL NO.2/2001 (D) Kisan Baherji Mate and another ...Versus... Kashirao Sheshrako Gawande and others --------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------- [S/Shri Anjan De, Apurv De, Advs. for applicants] [Shri J.J. Chandurkar, Adv. for respondents] CORAM:- A.B. CHAUDHARI, J. DATED :- 30.11.2010 The present review application has been filed by the applicants – original respondents for setting aside the judgment and decree made by this Court on 4.12.2009 in Second Appeal No.2/2001 on the ground that the cause list circulated by the Bar Association for the benefit of its members did not indicate hearing party serial No.216 in Daily Board dated 4.12.2009 and that is why the learned Counsel for the respondents failed to appear before the Court for contesting the said second appeal. Heard learned Counsel for the review applicants and learned Counsel for the respondents - original appellants. After considering the submissions made by the learned Counsel for the review applicants, office was directed to place the correct position on record in relation to publication of cause list. Hearing parties board of this Court of the said particular date shows that serial No.216 was notified for hearing 2 viz. serial No.213 to 225. However, the cause list published by the High Court Bar Association, Nagpur shows it Nos. 213 to 215 and does not show the serial No.216, which is evident from page No.8 of document No.2 filed along with this application. Advocates are expected to look into the cause list supplied by their Association and are not supposed to look into the cause list published by the High Court and therefore, it was not expected of Advocate Shri Anjan De to appear before the Court to contest the said second appeal. In the light of the judgment of the Supreme Court in the case of Desa Singh...Versus...Ajit Singh and others, reported in 2007 (15) Supreme Court Cases 235 and in the case of Swarth Mahto and another...Versus...Dharmdeo Narain Singh, reported in 1972 Cri. L.J. 879, I am inclined to make the following order. O R D E R Misc. Civil Application is allowed in terms of prayer clause - (1). No order as to costs. JUDGE SSW