Restoration of appeal dismissed for default refused where alleged adjournment telegram and illness were not proved.

An application to restore an appeal dismissed for default was rejected because the claimed cause for non-appearance was not substantiated. The party alleged that a telegram had been sent seeking adjournment and that the Chartered Accountant was ill, but the record contained no acceptable proof of the telegram and no evidence supporting the illness plea. In the absence of credible material showing sufficient cause, restoration was refused.

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Issues: Whether the application for restoration of the appeal dismissed for default deserved to be allowed.

Analysis: The grounds urged for restoration were the alleged dispatch of a telegram seeking adjournment and the stated illness of the Chartered Accountant. The record did not contain any acceptable proof of the telegram, and the illness plea was not supported by evidence. The asserted cause for non-appearance was therefore not substantiated.

Conclusion: The application for restoration was rejected.

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