Shyam Lal vs Prabhu Dass
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Allahabad High Court

Shyam Lal vs Prabhu Dass on 19 November, 2024

Author: Saurabh Shyam Shamshery

Bench: Saurabh Shyam Shamshery

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:181134
 
Court No. - 49
 

 
Case :- WRIT - B No. - 6968 of 1979
 

 
Petitioner :- Shyam Lal
 
Respondent :- Prabhu Dass
 
Counsel for Petitioner :- A.N.Bhargava,Jai Prakash Rao,Rajesh Kumar Srivastava,T.B. Pandey
 
Counsel for Respondent :- V.B.L.Srivastava,M.C. Singh,N.C.Singh,S.C.,Suresh Kumar Maurya,Vijay Kumar Maurya
 

 
Hon'ble Saurabh Shyam Shamshery,J.
 

Civil Misc. Restoration Application/Recall Application No.8 of 2022

Heard learned counsel for petitioner.

This is an application for recall of the order dated 05.09.2022, whereby the writ petition is dismissed for want of prosecution.

Cause shown for absence of learned counsel for petitioner, when the case was called, is sufficient. The order dated 05.09.2022 is recalled and writ petition is restored to its original number. The application is accordingly allowed, subject to cost of Rs.500/- to be paid by counsel for petitioner in bank account of Allahabad High Court Bar Association, Allahabad.

Order on memo of petition

Heard Sri Rajesh Kumar Srivastava, learned counsel for petitioner and learned Standing Counsel for State on merit.

The order impugned is as follows :-

"This is a second appeal against the judgment and decree dated 2-1-1975 passed by the additional commissioner, Allahabad Division in Appeal No. 186 of 1971-72.

2. I have heard the learned counsel for the appellants. The respondents have not appeared to contest the appeal in spite of due service.

3. According to the Collector?s D.O. letter No. 816/Ra-Abhi, dated 17-7-79, the original record of the trial court is not available on account of the outbreak of fire in the revenue record room of the Collectorate. In accordance with the principle laid down by Members S/Sri Sathe and Ross in 1944R.D. 114, I hereby set aside the orders of the courts below and remand the case to the trial court for decision afresh in accordance with law after giving due notice and opportunity to the parties."

Learned counsel for petitioner has not able to dispute the legal position as referred above, therefore, no case is made out for any interference.

Accordingly, prayer made in this petition is rejected and writ petition is disposed of with direction that on remand, matter be decided expeditiously.

Order Date :- 19.11.2024

P. Pandey