Restoration of appeal dismissed for non-prosecution after sufficient cause was accepted for counsel's non-appearance.

An appeal dismissed for non-prosecution was restored after the absence on the hearing date was explained by non-receipt of notice by counsel following a change of address. Although counsel was expected to intimate the address change, the explanation for non-appearance was accepted as properly accounted for. The dismissal order was recalled and the appeal restored to its original number.

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

Analysis: The absence on the earlier hearing date was explained on the ground of non-receipt of notice by the advocate due to a change of address. Though the advocate was expected to intimate the change of address, the explanation for non-appearance was accepted as properly accounted for.

Conclusion: The order dismissing the appeal for non-prosecution was recalled and the appeal was restored to its original number.

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