Restoration of appeal dismissed for default requires a satisfactory explanation for absence; dismissal remained in force.

Restoration of an appeal dismissed for default requires a satisfactory and acceptable explanation for non-appearance; absent such cause, the earlier dismissal is not set aside and the appeal is not revived. The application for restoration failed because the applicants did not furnish any credible explanation for their absence when the appeal was dismissed. The prior dismissal for non-appearance therefore remained in force.

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Issues: Whether the dismissal of the appeal for non-appearance should be set aside and the appeal restored.

Analysis: The application sought restoration of an appeal earlier dismissed for default of appearance. The applicants failed to furnish any acceptable explanation for their absence when the appeal was dismissed. In the absence of a satisfactory cause, there was no basis to interfere with the earlier dismissal or to revive the appeal.

Conclusion: The request for restoration was rejected and the dismissal for non-appearance was left undisturbed.

Final Conclusion: The proceeding ended with refusal to restore the appeal, leaving the prior dismissal in force.

Ratio Decidendi: Restoration of an appeal dismissed for default requires a satisfactory and acceptable explanation for non-appearance; absent such cause, the dismissal will not be set aside.

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