HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 38 Case :- WRIT - C No. - 14745 of 1990 Petitioner :- Jagpal Singh Respondent :- Addl Collector Petitioner Counsel :- H N Sharma,Ajeet Kumar Singh,Mohit Kumar Singh Respondent Counsel :- Sc Hon'ble V.K. Shukla,J.
RECALL/RESTORATION APPLICATION Affidavit filed in support of Delay Condonation Application as well as Recall Application has been perused. Usual ground has been taken that the clerk could mark the case, as such when it was taken up in revised call no could appear and the case was dismissed in default.
In the past also matter had been dismissed in default. It is made clear that in case in future, the counsel for the petitioner fails to appear on the case being taken up, the proceedings will be undertaken exparte. As for the default of counsel, the client should not be made to suffer, as such Delay Condonation Application is allowed, Recall application is treated to have been filed within the period of limitation, the order dated 28.02.2011 is recalled, writ petition is restored to its original number.
List this petition in the next cause list. The parties are directed to maintain status-quo as on date on the spot.
Order Date :- 1.11.2011 SRY