DBSAW725/2008 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN D.B. Civil Special Appeal (Writ) No.725/2008 In S.B. Civil Restoration Application No.258/2007 In S.B. Civil Writ Petition No.371/2006 Mahaveer Prasad Verma Vs. State of Rajasthan and Others Date of Order ::: 20.10.2010 Present Hon'ble Mr. Justice Arun Mishra Hon'ble Mr. Justice Mohammad Rafiq Shri Amit Jindal, Counsel for petitioner-appellant Shri R.P. Singh, Additional Advocate General for respondents #### By the Court:- Counsel for petitioner-appellant did not appear on 30.03.2007 when writ petition came up on board before Single Judge and therefore it was dismissed for non-prosecution. Petitioner-appellant applied for restoration but that was also rejected vide order dated 06.08.2007. After hearing learned counsel for parties, we are of view that litigant may not suffer due to mistake of counsel. Considering aforesaid aspect, we are inclined to restore S.B. Civil Writ Petition No.371/2006 to its original number, subject to condition that petitioner-appellant shall pay a sum of Rs.500/- as costs with the Rajasthan State Legal Services Authority within fifteen days from today. In case petitioner-appellant deposits Rs.500/- as DBSAW725/2008 // 2 // costs with the Rajasthan State Legal Services Authority within fifteen days from today, the writ petition shall stand restored to its original number. Appeal stands allowed. (Mohammad Rafiq) J. (Arun Mishra) J. //Jaiman//