Restoration of appeal for bona fide non-appearance accepted where hearing-date communication lapse was treated as inadvertent error.

An appeal dismissed for non-prosecution was restored under Rule 20 of the CEGAT (Procedure) Rules, 1982 where the appellant showed a bona fide failure to appear on the hearing date. The absence arose from a proxy advocate's failure to communicate the date in time, which was treated as a genuine inadvertent lapse. As the explanation was accepted and the respondent did not oppose restoration, the appellant was not made to suffer for the communication error and the appeal was restored.

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Issues: Whether the appeal dismissed for non-prosecution should be restored on account of the appellant's bona fide failure to appear on the date fixed for hearing.

Analysis: The application was made under Rule 20 of the CEGAT (Procedure) Rules, 1982. The non-appearance was attributed to the proxy advocate's failure to communicate the hearing date in time. The explanation was treated as a genuine inadvertent error, and the respondent did not oppose restoration. The appellant was not to suffer for the communication lapse.

Conclusion: The appeal was restored.

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