AIR 2007 SUPREME COURT 3018 ::2007 AIR SCW 5476 ::2007 (6) AIR Bom R 27 ::(2007) 2 CLR 592 (SC) ::(2007) 103 RevDec 544 ::(2007) 2 WLC(SC)CVL 678 ::(2007) 3 All RentCas 278 ::(2007) 4 CivilCourtC 155 ::2007 (8) SCC 400 ::(2007) 4 RecCivR 39 ::(2007) 10 Scale 125 ::(2007) 3 CurCC 318 ::(2007) 6 AllMR 495 (SC) ::(2007) 68 All LR 905 ::(2007) 4 All WC 3770 ::(2008) 1 MPLJ 458 ::(2008) 2 Mah LJ 7 ::(2007) 4 Mad LW 861 ::(2008) 1 Mad LJ 1051 ::(2007) 4 JCR 87 (SC) ::(2007) 5 Supreme 895 ::(2007) 57 AllIndCas 86 (SC)

Supreme Court Of India

(From : Bombay)*

Hon'ble Judge(s): Arijit Pasayat, D. K. Jain , JJ

Civil P.C. (5 of 1908) , O.41 R.19, S.100— Bombay High Court (Appellate Side) Rules (1960) , Chap.7 R.6(id)— Restoration of appeal - Dismissal of appeal against two respondents for non-prosecution - Prayer for restoration by one respondent only was allowed - While one of respondents was served by affixing notice in his absence, notice to other respondent was also returned unserved with remarks "incomplete address" - There was thus no proper service on both respondents - Position was the same for both respondents -Rejection of application for restoration by other respondent - Not proper - Moreover other respondent is dead and her L.Rs. are already on record - Appeal shall not therefore abate vis-a-vis said other respondent. 1997 AIR SCW 4251 and 2003 AIR SCW 4878, Rel. on.Civil Appln. No. 1362 of 2002 in Second Appeal No. 357 of 1986, D/- 25-4-2006 (Bom), Reversed. (Para 13)