ORDER : M. Hidayatullah, C.J.I. - This is a case in which a first appeal involving high claims was dismissed in default by the High Court as counsel was not present. It appears from the record that one Mr. R.N. Aggarwal was briefed in the appeal. He was appointed District and Sessions Judge and his father Mr. D.N. Aggarwal took over the appeal for its conduct. On the date on which this appeal was set down for hearing the case was shown rather low down in the list. According to the judgment of the Court, it was called before lunch and again after lunch and as nobody appeared it was dismissed. The affidavit shows that by the time learned Counsel came, the Court had risen. The affidavit goes on to say that when the learned Counsel appeared in the Court and told the Clerk that he was bringing the brief, the learned Judged were actually writing the order. We are inclined to accept this affidavit. In view of this, we do not think we should set this case down for a full hearing. All parties are present before us and we think that we should make the final order today. The appeal shall be re-heard subject to payment of costs of Rs. 500/- by the defaulting appellant as condition precedent to the hearing of the appeal.