1. - This order will dispose of two applications, one, filed under Section 5 of the Limitation Act seeking condonation of the delay in filing restoration application, and the other, filed under O. 41 It 19, Civil Procedure Code seeking restoration of S.B. Civil Second Appeal No. 40/1981 which was dismissed in default on account of the absence of the learned counsel for the appellant.

2. The restoration is sought on the grounds that Dr. M.M. Tewari, advocate for the appellants-applicants was in hospital for his treatment during the period, prior to & after 10.8.88, and Dr. S.K. Tewari, other counsel for the appellants, was out of station for a couple of months, and thereby, both of them could not attend the court on 10.8.1988; and that, the applicants were told by their counsel that disposal of their appeal would take its own course and time because of backlog of pending cases before the Court, therefore, they would be informed as and when their presence would be required court, thereby they need not to appear on each and every date of hearing, an further that, on account of indisposition of Dr. M.M. Tewari and absence of Dr. S.K. Tewari at Jaipur the applicants could not be