JUDGMENT : 1. Special leave granted. 2. We have heard the counsel for the appellant. None appears for the respondents. A suit was filed by the appellant for the recovery of Rs. 2,71,658/-. When the suit was dismissed in default an application was filed for restoration. The restoration application was allowed subject to payment of Rs. 150/- as costs. The costs were not paid and a subsequent application for condonation of delay and restoration was dismissed. That has been upheld by the High Court. It appears to us to be a case of negligence on the part of the counsel for in the first instance allowing the case to be dismissed in default and thereafter steps not being taken to pay a paltry sum of Rs. 150/- to have the suit restored to that as it may interest of justice demands that for the negligence of a counsel, the litigant should not suffer. 3. We, accordingly, allow this appeal, set aside the impugned judgments and restore Original Suit No. 1953 of 1996 on the board of the Trial Judge subject to payment by the appellant a sum of Rs. 5,000/- as costs. Costs be paid to the defendants or deposited in the trial court within eight weeks from today. If the costs are not paid/deposited within eight weeks, this order passed today will stand automatically recalled.