A. K. GOHIL, J. ( 1 ) THE claimants have filed this appeal under order 43, Rule 1 of the C. P. C. read with section 30 of the Workmen's Compensation act against the rejection of their restoration application vide order dated 17/05/1999 in mjc No. 18/1996. ( 2 ) THE brief facts of the case are that, the claimants had filed one claim petition under workmen's Compensation Act, which was registered as Case No. 76/1986 and the same was dismissed on 22/01/1996 by the commissioner, Workmen's Compensation. The claimants filed an application for restoration on 13/06/1996 on the ground that the case was dismissed due to mistake of the counsel as the counsel has noted wrong date, as 13/02/1996, therefore, he could not appear on 22/01/1996. The Trial Court dismissed the application on the ground that the case was pending for evidence from March 2, 198 9/01/1996 and during this period the counsel has not produced any evidence. The case was dismissed at 5. 00 P. M. ( 3 ) I have heard learned counsel for the parties and perused the record. ( 4 ) THE claimants neither filed any affidavit nor led any evidence. The submission of learned counsel for the appellants is that the case was never listed for evidence. I have also perused the order-sheet. It is true that the case was not listed for evidence. The further submission of learned counsel for the appellants is that in other connected case the parties have compromised with the Insurance company. ( 5 ) LOOKING to this fact that it was the duty of the trial Court to list the case for evidence , of the parties, on the restoration application. Accordingly, this appeal is allowed, the impugned order is set aside and the case is remanded back to the Commissioner for workmen's Compensation, Labour Court, indore to record evidence of the parties and thereafter to decide the application for restoration. The Court shall dispose of the application within a period of three months. Parties are directed to appear before the commissioner for Workmen's Compensation on December 16, 2002. Thereafter, the commissioner will decide the MJC within three months. Record be returned immediately. .