H.N. Sarma, J.

1. By this application filed under Order 41, Rule 19, read with Section 151 of the CPC, the appellant/petitioner has prayed for read-mission of the appeal, which was dismissed for default on 12.5.2004, by recalling the order.

2. Heard Ms. B. Choudhury, learned Counsel for the appellant/petitioner and Mr. P.K. Roy Choudhury, the learned Counsel for the respondent/opposite party.

3. The second appeal filed by the petitioner was set down for hearing and when the matter was called upon none having appeared on behalf of the appellant, the appeal was dismissed for default 12.5.2004. This necessitated the appellant to file an application under Order 41, Rule 19 CPC for readmission of the appeal, which was registered as Misc. Case No. 1845/2006. In this application the petitioner has stated at paragraphs 5 and 6 that during the relevant time, since the engaged Senior counsel Mr. A.R. Banerjee, having been gone out of the station, due to illness of his mother, the case was in charge of the junior counsel. The learned junior counsel, during the relevant period was in bereavement due to death of her near relative and was irregular in attending the Court. It is further stat