T. Vaiphei, C.J.—This case is now taken up by us in a Division Bench on the reference made by the learned Single Judge (one of us) in his order dated 29-8-2016 to answer the following question:

“Whether an engaged counsel (Advocate) himself/herself has the authority to prefer an application for restoration/re-admission of an appeal and/or condonation of delay, etc. where the ground is for the fault of the lawyer?”

2. The controversy arose on the following facts and circumstances:-

Guna Sindhu Choudhury, Karuna Sindhu Choudhury and Kripa Sindhu Choudhury, as plaintiffs, had instituted Title Suit No. 35 of 2005 before the learned Civil Judge, Junior Division, Kailasahar against the defendants i.e. the respondents herein seeking declaration and perpetual injunction in respect of the suit land. The suit was, however, dismissed by the trial court on 20-6-2006. The applicants thereupon challenged the dismissal of their suit by filing Title Appeal No. 36 of 2006 before the learned Additional District Judge, Kailasahar, but their appeal was dismissed by the order dated 23-4-2007. A second appeal being RSA No. 55 of 2007 was thereafter filed before this Court and the same was admitt