Ram Nath vs D.D.C.
2012 Latest Caselaw 1919 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - B No. - 1915 of 1993
 

 
Petitioner :- Ram Nath
 
Respondent :- D.D.C.
 
Petitioner Counsel :- C.K. Rai,C.P.Singh,L.P. Singh,L.P.Singh
 
Respondent Counsel :- R.N. Singh,A.K. Rai,A.K.Rai,S.C.,S.N. Singh,V.K. Singh
 

 
Hon'ble Prakash Krishna,J.

Ref: Civil Misc. Recall Application No. 14282 of 2012.

Heard the learned counsel for the parties. This is an application to recall the order dated 13.10.2011 whereby the writ petition was dismissed in default.

Learned counsel for the respondents points out that the present writ petition was earlier dismissed in default twice once on 11.12.2007 and then on 24.8.2009. He submits that the petitioner is deliberately avoiding the hearing of writ petition which is pending for the last about 19 years.

Looking to the fact that the valuable rights of the parties are involved, the order dated 13.10.2011 is recalled conditionally, subject to the payment of Rs.5,000/- as cost within a period of one month. The delay in filing the restoration application is condoned.

The amount shall be paid to Sri Narendra Shanker Dwivedi holding brief of Sri A.K. Rai, learned counsel for the contesting respondents. In case of default in making payment of cost, the restoration application shall stand dismissed.

Order Date :- 18.5.2012

MK/

Hon'ble Prakash Krishna,J.

Order on delay condonation application.

Delay condoned.

For order, see order of date passed on restoration application.

Order Date :- 18.5.2012

MK/

Hon'ble Prakash Krishna,J.

Order on writ petition.

Restored.

For order, see order of date passed on restoration application.

Order Date :- 18.5.2012

MK/