Vishnu Brijraj Kushwaha & Others vs Ishwar Sharan
2013 Latest Caselaw 5479 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 

 
Case :- SECOND APPEAL No. - 1765 of 1999
 

 
Appellant :- Vishnu Brijraj Kushwaha & Others
 
Respondent :- Ishwar Sharan
 
Counsel for Appellant :- Sankatha Rai,Ashok Kumar Singh
 
Counsel for Respondent :- D.S.M.Tripathi,Abhai Raj Singh,Kunal Ravi Singh,R.P. Singh,Rajeev Mishra,Sonali Singh,V.K.S.Chaudhary
 

 
Hon'ble Kalimullah Khan,J.

Heard learned counsel for the parties.

A recall application dated 10.1.2013 has been made by the appellants to recall the order dated 30.10.2012, whereby the interim stay was vacated on the ground that in spite of the notice served learned counsel for the appellants did not turn up to argue the appeal which was fixed peremptorily for that date.

The ground of recall is that the aforesaid notice which was served to the clerk Shri C. R. Verma was not communicated to him, in view of the fact that Shri C. R. Verma is not his clerk rather the name of his clerk is Bachcha.

Respondent is directed to show any documentary evidence that C. R. Verma is the clerk of learned counsel for the appellant.

Appellant is also directed to give some evidence that the clerk of the learned counsel for the appellant is Bachcha.

Clerk Shri C. R. Verma is directed to appear in person on 19.9.2013 to explain under what capacity he received the notice for the learned counsel for the appellant, and if he received the said notice whether he communicated the notice to the learned counsel for the appellant.

List on 19.9.2013 for further order.

Registry is directed to submit its report that whether Shri C. R. Verma, Clerk is registered on the roll or not, and if he is enrolled then whose clerk he is ? The aforesaid report be furnished by the next date fixed.

Order Date :- 5.9.2013

Mustaqeem.