JUDGMENT 1. - Heard learned counsel for the parties. 2. Learned counsel for the appellants has filed an application for restoration of first appeal. There is delay of 48 days in filing the application, therefore, he has also filed an application under Section 5 of the Limitation Act for condonation of delay in filing restoration application. 3. Learned counsel for the respondents opposed both the applications. 4. After considering submissions of learned counsel for the parties and the reasons assigned in both the applications duly supported by affidavits of learned counsel, I am of the view that there was sufficient cause for not filing restoration application in time and for non-appearance of the appellants on 14.05.2009. It is also relevant to mention that learned counsel for the respondents was also not present on 14.05.2009. In these circumstances, I am inclined to condone the delay and to restore first appeal. 5. Both the applications are, accordingly, allowed. Delay in filing restoration application is condoned and first appeal is restored to its original number. 6. Learned counsel for both the parties prayed that appeal may be listed for hearing at an early date. 7. Prayer is allowed. 8. List the appeal for hearing on 01.03.2011, as prayed.Application Allowed. *******