(1) DELAY condoned. (2) SUBSTITUTION allowed. (3) LEAVE granted. (4) THE writ petition filed by the petitioner in the High Court was dismissed or 25.7.94 for default on account of the "absence" of the Counsel. It appears that the Counsel appearing for the appellant died by that date. The appellant thet engaged a new Counsel and applied for restoration of the writ petition. This application was dismissed under the inpugned order dated 29.7.98. The High Court thus refused to restore the writ petition. It is against this order that the appellant has come in this appeal. (5) THE appellant was a resident of Puttur. The Counsel for the appellan had died at Bangalore, sometime be fore the writ petition was listed. Naturally, the appellant did not know about the death of the Counsel. (6) IN the circumstances, we are of the view that the High Court ought to have condoned the delay in filing the writ petition and ought to have restored the writ petition. (7) WE accordingly set aside the order of the High Court, dated 29.7.98 refusing to restore the writ petition and also set aside the order, dated 25.7.94 dismissing the writ petition for default. The writ petition will stand restored in the High Court and the same will be listed for hearing after giving notice to the parties/ Counsel and will be disposed of in accordance with law. (8) THE appeals are allowed and are disposed of accordingly. No costs.