ORDER : 1. By this common judgment and order both the C.M. application for condonation of delay and the C.M. application for restoration of the appeal are being disposed of. 2. The grounds given are that learned counsel Mr. S.K. Datta for the appellants could not appear in Court on 02.05.2014 when the petition was dismissed in default by the Court. Thereafter, according to Mr. S.K. Datta, he could not contact his client since he did not have his telephone number. He has stated that he sent letters to his clients but they did not reach the claimant petitioners. Thereafter, the claimant approached him on 06.07.2015 and thereafter this application for restoration is filed on 31.07.2015. 3. For the reasons stated in the applications, the same are allowed and the appeal is restored to its original number. 4. However, by way of clarification, it is made clear that in future, when a case is dismissed in default, it is not necessary that the application to be filed for restoration must be signed by the party or the affidavit should be of the party because the fault is of the counsel. The application can be filed by the counsel, who can file his own affidavit stating why he was not present in Court at that time. In future, this Court will not condone delay on this ground. 5. Since the original appeal is of the year 2003, list the appeal for hearing tomorrow (10.03.2016). The record be summoned telephonically so as to reach by 2 O’clock tomorrow (10.03.2016). 6. The applications are disposed of.