Restoration of appeal where Rule 96ZP(3) was not the only issue, and fresh hearing was directed.

The appeal was restored because the earlier disposal was not treated as final where the declaration under Rule 96ZP(3) was not the only issue requiring consideration and other questions remained open for argument. On that basis, the order dismissing the appeal was recalled, and the appeal was directed to be heard afresh in its original number on the scheduled date.

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Issues: Whether the order dismissing the appeal should be recalled and the appeal restored to its original number for fresh hearing.

Analysis: The application for restoration was considered on the ground that the declaration under Rule 96ZP(3) was not the only matter requiring argument and that other issues were also available for consideration. In these circumstances, the earlier disposal was not treated as warranting finality, and the matter was directed to be heard afresh.

Conclusion: The order was recalled and the appeal was restored to its original number for hearing on the scheduled date.

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