Civil Procedure Code, 1908, Order 9, Rule 4 - Dismissal on account of non-prosecution as counsel didi not appear. Restoration application filed . The dismissal was because counsel had been designated as Addl A G so could not appear for petitioner

 Held,

(i) Perusal of record reveals that no delay was caused by petitioner in filing application for restoration;

(ii) Further, a petitioner had been diligently prosecuting the litigation since 1982.

(iii) It would be improper to punish petitioner for non-appearance of his counsel.