HIGH COURT OF CHHATTISGARH AT B^-ASPUR M Coram: Appellant Respondent Hon' ble Shri Dhirendra Mishra, & Hon' ble Shri R.N. Chandrakar, JJ M.C.C. No,^83ot2006 Atal Ram son of Variyamal, aged about 54 years, residence of June Bilaspur, District Bilaspur (CG). Vs. Dr. Shanti Shekhar Tripathi, son of Hari Govind Tripathi, aged 44 years, r/o. Jaswant Nagar, Itawa (UP). (Application for restoration of First Appeal No.186 of 1993) Present: Smt. AnjuAhuja, counsel for theappellant. None for the respondent. Oral Order (Passed on this 9th day of April, 2010) Per Dhirendra Mishra^J. Heard. The instant application has been filed by the appellant for restoration of First Appeal No. 186 of 1993 as the same was dismissed on 8-2-2005 under Order41 Rule 17 ofthe C.P.C., as none appeared on behalf of the appellant on that date. Since the application was filed with delay of 557 along with M.C.P.No. 1799 of 2006,an application for condonation of delay in filing this application, on failure of the appellant to effect service on the respondent through ordinary course, the appellant was permitted to effect the service on the respondent through substituted service by newspaper publication. Learned counsel appearing for the appell^it submits that the summons was duly published in Hindi daily newspaper "Dainik Jagran" published from Kanpur and circulated in Itawa on 12-8-2009 and an affidavit to this effect along with clippingsof the newspaper has also been filed along with I.A.No.8, an application for taking documents on record. Accordingly, I.A.No.8 is allowed and the documents are taken on record. None appears for the respondent even after substituted sen/ice of summons. On due consideration of the reasons assigned in M.C.P.No. 1799 of 2006 which is also supported by affidavit of the appellant - Atal Ram and also considering that on the date when the appeal was dismissed, the respondent was also not present, we are satisfied that the appellant has been able to show sufficient cause for his non-appearance on 8-2- 2005 and fhe delay in filing this application for restoration is bona fide and the same deserves to be condoned and accordingly M.C.P.No. 1799 of 2006 is allowed and the appeal is directed to be restored to its original number, subject to appellant's depositing Rs.200/- to the High Court Legal Aid Committee, Bilaspur, within a period of two weeks from today and thereafter on furnishing the receipt thereof First Appeal No. 186 of 1993 be listed for hearing. In view ofthe above, M.C.C.No. 683 of 2006 stands disposed of. Sd/- Dhirendra Mishra Judge SA/- R.N. Chandrakar Judge b Raju