LAHIRI, (Actg.) C.J. :- This is an application for restoration of Second Appeal No. 48 of 1982 which was dismissed on 4-3-1983, for default on the part of the counsel for the appellant/petitioner. The appellant-petitioner comes from a distant village in the district of Lakhimpur. The subject-matter of the appeal is an immovable property and it involves a sizeable area of land measuring 6 B. 1 K. and, in a part of which, the appellant-petitioner is having his residential house and is residing with the members of his family. As already stated, the aforesaid Second Appeal No. 48/82 was dismissed on 4-3-1983 on account of laches on the part of the counsel for the appellant. The petitioner came to know of the same on 2-1-1985 from the Nazir of the Assistant District Judge at Lakhimpur. He filed objection, which was, however, rejected. It is stated in the petition that due to financial constraints and illness, the petitioner could come to Gauhati only on 8-4-85 and met his counsel who, after looking into the case file, informed him about the aforesaid dismissal of the appeal. Accordingly, this petition for restoration was filed on 12-4-1985.

2. Mr. B.K. Goswami, learned counsel f