(1.) UPON the appeal being called out for hearing, learned counsel Mr. Viral Dave states on behalf of learned counsel Mr. D.C. Dave, that the appellant has taken away papers from him, and he or Mr. Dave is not in a position to argue. Admittedly, name of learned counsel Mr. Dave appears on cause-list, and when the matter has come up for hearing after ten years of its pendency, according to the statement of learned counsel, assistance to the Court is withdrawn by the appellant himself. Under the circumstances, the appeal is dismissed for default.