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Judgment
Leave granted.
This appeal takes exception to the judgment(s) and order(s) dated 16.03.2018 and 13.07.2018 passed by the High Court of Judicature for Rajasthan at Jodhpur in S.B. Civil Revision (Sales Tax) Petition No.111/2012 and D.B. Special Appeal Civil No.5 of 2018 respectively, whereby the Civil Revision filed by the appellant came to be dismissed for non-prosecution.
The record indicates that on account of inaction of the advocate, the matter went by default and, therefore, revision petition was dismissed on 16.03.2018. The Division Bench of the High Court by order dated 13.07.2018 held that an appeal against such decision is not maintainable.
In our opinion, since the revision came to be dismissed because of non-prosecution and in particular because of mistake of the advocate, the litigant (appellant) should not be made to suffer. Hence, we set aside the impugned order(s) and relegate the parties before the High Court by restoring the S.B. Civil Revision No.111/2012 to the file to its original number to be decided on merits in accordance with law.
The appeal(s) and pending application(s) are disposed of accordingly.