JUDGMENT 1. - Heard learned counsel for the appellants. 2. This appeal is against the order of learned Single Judge rejecting the application for restoration of S.B. Civil Writ Petition No. 364/99 which has been dismissed for want of prosecution on 13.7.2000. 3. The reason of the dismissal for non-prosecution on 13.7.2000 recorded by the learned Single Judge was that the petitioner has not filed the process fee and notices after issuance of notice. 4. The restoration application filed by the petitioners stated the ground which resulted in non-filing of the process fee and notices until 13.7.2000, was due to change of panel lawyer. However, the notices were filed on 13.7.2000 itself. This fact is verifiable from the record of the Court. However, the learned Single Judge by not considering the reasons given in the application to be acceptable, has rejected the restoration application by the order under challenge. 5. Since, the matter has not proceeded further and service has not been effected on the respondents at any time for the purpose of this appeal the notices need not to be issued to the respondents. 6. We are satisfied after perusing the order under appeal and taking note of the fact that as on the date the writ petition was dismissed in the first instance on 13.7.2000, learned counsel has complied by filing the notices on that very day, therefore the immediate cause for non- prosecution was not existing when the order of dismissal was passed. 7. Consequently, the restoration application, in our opinion, has not been dealt with by considering the fact that in fact the default has ceased to exist as on the date the petition was dismissed for want of prosecution on that ground. This itself was sufficient to have restored the petition. 8. Be that as it may, since no injury has been caused to anyone and good sufficient cause has been shown on the date when the matter was listed for rejection before the Court, we do not see any reason for not accepting the explanation furnished by the learned counsel for the purpose of restoring the writ petition. 9. Accordingly, this appeal is allowed. Judgment under appeal is set aside and Restoration Application No. 124/2000 is allowed. S.B. Civil Writ Petition No. 364/99 is restored to its original number.Appeal allowed - Petition restored. *******