1. This intra-Court appeal has been preferred as against the order dated 9.7.1997 passed by the Single Bench of this Court. It appears that writ petition was dismissed on 7.11.1994. Thereafter, restoration application was filed, which was again dismissed for non-appearance of the Counsel on 14.12.1995. The reason was given that the Counsel was ill. The Single Bench has dismissed the restoration application on the ground that even otherwise, if the Advocate for the petitioner was ill, he could have made alternative arrangement for seeking adjournment or arguing the matter. Against the dismissal of the restoration application, this intra-Court appeal has been preferred.

2. After hearing the learned Counsel for the parties, we do not find sufficient cause for seeking adjournment for arguing the matter before the Bench. However, the case was dismissed due to mistake of the Counsel. Litigant may not suffer due to mistake of the Counsel. Considering the aforesaid aspect, we are inclined to restore Civil Writ Petition No. 2354/1986 to its original number, subject to the condition that the appellant shall pay a sum of Rs. 250/- as costs. In case, the appellant deposits Rs. 250/- as