The court observed that the applicant had to prove to court the cause of non-
appearance when the appeal was called for hearing and the exercise of
court’s power is discretionary after sufficient reason has been given. The
court observed that the hearing notice was served on counsel who no longer
had instructions from the applicant, and the applicant had filed notice in court
for change of counsel. The court observed that a vigilant litigant could not be
penalized for dilatory conduct of the advocate or of court if he did not directly
have involved in it.
The application was allowed and the appeal was reinstated.