JUDGMENT Mr. Jasbir Singh, J. (Oral):- Civil Misc. No. 445-LPA of 2014 1. In view of averments made in this application, the same is allowed. Delay of eight days in re-filing the appeal stands condoned. Letters Patent Appeal No. 172 of 2014 2. This appeal has been filed against order dated 3.12.2012 dismissing Civil Writ Petition No. 17540 of 1994 for non-prosecution. Further order dated 10.9.2013 is also under challenge vide which application to recall order dated 3.12.2012 was dismissed. 3. It appears that the above order was passed taking note of continuous non-appearance of counsel for the appellant. Appellant’s counsel may be at fault. However, for his fault, the appellant cannot be penalized. It appears that Civil Writ Petition No. 17540 of 1994 was filed in the year 1994 through Mr. B.N.Sehgal, Advocate. It is stated at bar that the above counsel, on account of old age, has stopped coming to this Court. He has handed over the brief to his son Mr. Sharwan Sehgal, Advocate who could not keep track of the case when it was taken up for hearing. 4. Taking note of the above facts and also noting very forceful argument raised by Ms. Shelly Saini, Advocate, we allow this appeal. Orders under challenge are set aside. Civil Writ Petition No. 17540 of 1994 is ordered to be restored at its original number and Registry is directed to put up the said writ petition for hearing, as per roster. ---------0.B.S.0------------