ORDER 1. Delay condoned. 2. Leave granted. 3. By the impugned order, the High Court has refused to restore an appeal which was dismissed in default of payment of process fee for service on the respondents by reference to Chapter XII Rule 4 of the High Court Rules. The impugned order of the High Court has been passed in the absence of the respondents who were yet to be noticed. We do not deem it necessary to issue notice to the respondents for the purpose of hearing of this appeal. 4. It was a partition suit between the parties. An appeal is a valuable right of the appellant. It appears that the appellant was remiss as the default related to non-payment of process fee to the tune of Rs 62 only. The case of the appellant was that he had paid the amount of process fee and other expenses involved to his counsel who committed the default and thereafter he had to change his counsel. The High Court has not found truth in the averment so made. 5. However, having heard the learned counsel for the appellant, we are satisfied that a sufficient cause for non-payment was made out. The appellant was not to gain anything by non-payment of a meagre amount of Rs 62 by way of process fee. The suit relates to partition of immovable property. In our opinion, the ends of justice demand one opportunity being allowed to the appellant for rectifying the default. 6. The impugned order dated 29-9-2004 and the order dated 5-2-2004 passed in second appeal are both set aside. Second Appeal No. 344 of 2003 shall stand restored to file subject to the condition that the appellant pays the process fee accompanied by necessary copies of memo of second appeal and also furnishes correct addresses of the respondents for service in the High Court. The appellant shall also pay an amount of Rs 2500 to the U.P. State Legal Aid Services Authority. All the compliance shall be made within a period of six weeks from today. 7. The appeal stands disposed of in the abovesaid terms. 8. The appellant shall produce a certified copy of this order before the High Court.