ORDER : – With the consent of the parties, the matter is finally heard on IA No. 5258/2017 which is an application under section 5 of the Limitation Act, 1963 for condonation of delay in filing the restoration application as well as on the main application also.

2. This application under Order 41, Rule 19 read with section 151 of the Civil Procedure Code has been filed for restoration of First Appeal No. 74/1998 which stands dismissed in view of peremptory order dated 22-2-2007.

3. Being aggrieved by judgment and decree dated 16-1-1996 passed in Civil Suit No. 07-A/1995 by the Additional District Judge, Manavar, District Dhar, the appellants/applicants had preferred FA No. 74/1998 before this Court. For the purpose of prosecuting the appeal on their behalf applicants had engaged Shri Sheel Kumar Nigam and Saket Nigam, Advocates. By order dated 3-7-2006 the appeal was admitted for final hearing. At that time Shri A. K. Mishra was the counsel for the applicants who thereafter took up in Government service. The appeal was then listed for default on the part of the applicants in not paying adequate process fee for service of notices upon the non-applicants. By order dated 22-2-2007, th