1. By this application, the applicants seek restoration of Second Appeal No.235 of 1981, which came to be dismissed for want of prosecution vide order dated 17.1.2012, as the learned advocate was not present when the matter was called out.
2. Heard Mr. S. P. Majmudar, learned advocate for the applicants and Mr.Mihir Bhatt, learned Assistant Government Pleader for respondent.
3. Having regard to the averments made in the application, the Court is of the view that the reason as to why the learned advocate could not remain present when the matter was called out, has been sufficiently explained. In the circumstances, the application is allowed. Second Appeal No.235 of 1981 is hereby restored to file. The application stands disposed of accordingly.
4. Second Appeal No.235 of 1981 to be listed for hearing on 1.2.2012.
(HARSHA DEVANI, J.) (vipul) Top