R.K. Merathia, J. - (1.) THIS C.M.P. has been filed for restoration of Second Appeal No. 350 of 2004, dismissed for non prosecution on 5.5.2009 and I.A. No. 287 of 2010 has been filed for condonation of delay of about 219 days.
(2.) NO one appeared on behalf of the Appellant in Second Appeal on 28.4.2009. However, the case was passed over for that day. Again when the case was taken up on 5.5.2009, no one appeared on behalf of the Appellant on repeated calls. Accordingly, it was dismissed for non prosecution. It is submitted that due to inadvertence, the case could not be marked on the said dates and therefore no one appeared.
(3.) THE said ground is not satisfactory for restoring the Second Appeal.;