(1.) When the Civil Miscellaneous Second Appeal came up for hearing on 06.01.2010, there was no representation on behalf of the appellant, and therefore, the appeal is directed to be posted today under the caption 'for dismissal'. Even today also, there is no representation on behalf of the appellant. The learned counsel for the respondent is present. Therefore, the Civil Miscellaneous Second Appeal is dismissed for non-prosecution. Consequently, connected Miscellaneous Petition is dismissed. There is no order as to cost.