Restoration of appeal for non-prosecution allowed after counsel's later appearance and explanation of delay supported revival.

An appeal dismissed for non-prosecution and default in appearance was restored after counsel later appeared, explained the delay, and stated that the required papers had been filed. Those circumstances led to reversal of the earlier dismissal order. Restoration was allowed, and the appeal was directed to be heard on the merits on the next date fixed.

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Issues: Whether the appeal dismissed for non-prosecution and default in appearance should be restored to its original number.

Analysis: The application for restoration was initially dismissed for default in appearance, but the later appearance of counsel, his explanation for the delay, and the assertion that the required papers had been filed were taken into account. In view of those circumstances, the earlier dismissal order was reversed.

Outcome: Restoration of the appeal was allowed and the appeal was directed to be heard on the merits on the next date fixed.

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