Citation : 2016 Latest Caselaw 2089 ALL
Judgement Date : 29 April, 2016
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 47 Case :- APPLICATION U/S 482 No. - 7195 of 2000 Applicant :- Renu Alias Archana & Another Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Janardan Sahai Counsel for Opposite Party :- Govt. Advocate Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the applicants and the learned A.G.A. for the State of U.P.
Learned counsel for the applicants has filed delay condonation application alongwith restoration application supported by affidavit with a prayer to recall the order dated 26.11.2010.
From perusal of the record it transpires that the case was dismissed on 26.11.2010 as the case was listed under the heading of "infructuous cases."
Learned counsel for the applicants states that he was engaged as counsel in this case in the year 2004 but his name was not shown in the cause list and the case could not be marked by the clerk and the case was dismissed as infructuous.
In view of the aforementioned circumstances of the case, the cause shown in the affidavit filed in support of the restoration application is sufficient. The restoration application is allowed. The order dated 26.11.2110 is hereby recalled. The case is restored to its original number.
Let the case be listed in the next cause list showing the name of Shri Rahul Sahai as learned counsel for the applicants. In the meantime the learned counsel for the applicants may seek instructions with regard to the progress of trial.
Order Date :- 29.4.2016
RU
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