JUDGMENT 1. - Matter is placed on the stay application, but though to avoid duplication of the arguments, the appeal is being finally heard on the request of the learned counsel for the parties. 2. Heard learned counsel for the parties. 3. The defendant appellant filed S.B. Civil 1st Appeal No. 159/1996 in this Court against the judgment and decree dated 31.6.1996 of the Additional District & Sessions Judge, Khetri in Civil Suit No. 10/93 (67/89). Under this judgment and decree, the learned trial Court decreed the suit of the plaintiff respondent in the sum of Rs.59,440/- . The Court has further ordered for the payment of interest on the principal amount of Rs.44,000/- at the rate of 10% per annum. 4. First appeal was dismissed for non prosecution on 25.7.2002. 5. S.B. Civil Restoration Application No. 245/2002 has been filed, but that has also been dismissed by the learned Single Judge on 6.9.2002. Thus, this appeal. 6. In the restoration application, it is stated by the appellant that the notice u/R. 181 of the Rajasthan High Court Rules was issued for submitted the paper book, but due to inadvertent mistake the paper book could not be prepared and filed. The appeal was dismissed for non prosecution as the paper book was not submitted. It is not a serious default, which may entangle consequence of dismissal of the appeal for non prosecution. The appeal is of the year 1996 and may take long time to come for hearing. Otherwise also in the matter which are to be heard by the single bench the preparation of the paper books ordinarily is not insisted upon. 7. Taking into consideration in all these aspects, the appeal succeeds and the same is allowed. The order dated 6.9.2002 passed in S.B. Civil Restoration application No. 245/2002 is set aside. The aforesaid application is allowed. The order dated 25.7.2002 passed in S.B. Civil 1st Appeal No. 159/1996 is also recalled and the appeal is restored to its original number on the condition that the appellant shall pay Rs. 5,000/- as costs to the plaintiff-respondent. The amount of the costs is to be paid personally to the respondent by an Account Payee Cheque/Demand Draft or by Pay Order.Appeal Allowed. *******