High Court of Judicature at Allahabad
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Lallu Chauhan v. D.I.O.S.,Varanasi And Others - SPECIAL APPEAL DEFECTIVE No. - 642 of 2002  RD-AH 17952 (16 November 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
Civil Misc. Recall Application No.191889 of 2007
Special Appeal No.642 of 2002 (Defective)
Lalloo Chauhan v. Regional Joint Director of Education and others.
Hon'ble S. Rafat Alam, J.
Hon'ble Dilip Gupta, J.
This is an application seeking recall of this Court's order dated 6.8.2007 dismissing the delay condonation application in default.
Shri Ashok Khare, learned Senior Counsel appearing for the applicant-appellant submitted that when the matter was called out he was in the midst of argument in Court No.26 and thus, no body could appear before this Court. It is also stated that immediately thereafter he made mention for taking up the matter at that time but the order had been passed.
We have heard learned counsel for the applicant-appellant and the learned standing counsel appearing for the respondents and are of the view that the explanation furnished in the application is sufficient and, therefore, we recall our order dated 6.8.2007.
The application is accordingly allowed. Order dated 6.8.2007, dismissing the delay condonation application in default, is hereby recalled. The delay condonation application is restored to its original number. Let the delay condonation application and the appeal be listed for orders/admission in the next cause list before the Bench having jurisdiction.
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