( 1 ). By means of this application under Order 9 Rule 9 read with Section 151 the applicant seeks for the restoration of the appeal which was dismissed for non-prosecution on 17-2-2000. The application is accompanied by an application under Section 5 of the limitation Act seeking condonation of 21 months delay in filing the restoration application.

( 2 ). The applications have been made with the averments that an appeal filed by the applicant was pending before this court and it was dismissed for non-appearance on 17-2-2000. During the pendency of the appeal the respondent had expired and an application CM No. 3133/93 was filed for bringing on record the legal heirs of the deceased who were brought on record vide an Order dated 6-7-1995. The appeal, thereafter, remained pending in the category of "regular Matters" and suddenly appeared in the cause list for hearing on 17-2-2000 and the appellant-applicant could not know about the listing of the appeal or its hearing. After some time, the appellant met his counsel Mr. M. L. Dewan and enquired about the fate of the appeal but he was not aware of the same. Hence on further enquiry the appellant came to know that the appeal