Lal Badan Verma vs State Of U.P.& Others
2017 Latest Caselaw 584 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 59
 
Case :- WRIT - A No. - 11727 of 2000
 
Petitioner :- Lal Badan Verma
 
Respondent :- State Of U.P.& Others
 
Counsel for Petitioner :- P.C. Jhingan,J.L. Verma,Lallan Verma,S.B.Maurya
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manoj Kumar Gupta,J.

Re: Civil Misc. Restoration Application No.13320 of 2017

The writ petition was dismissed in default on 13.12.2016 by the following order :-

"The case is of the year 2000.

The case has been called out. None is present for the petitioner to press this writ petition.

The writ petition is, accordingly, dismissed in default. Interim order, if any, stands vacated." 

An application has been filed seeking recall of the said order. It is supported by the affidavit of the petitioner and in paragraph 3 thereof, the explanation given for non appearance of the counsel for the petitioner on that day is as follows :-

"That on 13.12.2016, the counsel for the petitioner has not appeared on 13.12.2016 due to attending of marriage ceremony in District-Mau at his native village and due to this reason he has sent an illness slip on 13.12.2016."

It is clear from the explanation furnished that the counsel for the petitioner was aware of the matter being listed before this Court. However, instead of attending to the case, he chose to leave for the native village for attending a marriage. The matter did not rest there. He even sent an illness slip, to  get the matter adjourned.

It is evidently clear that the illness slip was sent by the counsel for the petitioner without him being ill on that day. In such view of the matter, this Court is of the firm opinion that the petitioner had tried to mislead  the Court on the last date when the case was dismissed in default by sending a false illness slip, though he was not ill. Thus, no ground is made out for recall of the order dated 13.12.2016.

Accordingly, the restoration application is rejected.

                                    (Manoj Kumar Gupta, J.)                   

Order Date :- 12.5.2017

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