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Basudeo Shukla v. Security Officer & Others - SPECIAL APPEAL No. 761 of 1995 [2007] RD-AH 265 (5 January 2007)


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Hon'ble S.Rafat Alam, J.

Hon'ble Vikram Nath,J.

This is an application to recall this Court's order dated 8.9.2006 dismissing the special appeal in default.

Learned counsel for the appellant-applicant submits that when the matter was called out Sri K.P.Agarwal, learned Senior Counsel, who was to argue the appeal, was already in the midst of argument in Civil Misc. Writ Petition No. 49540 of 2006 in Court No.39 and, therefore, he could not turn up. It is also stated that the junior counsel, Km. Sumati Rani Gupta and Km. Pooja Srivastava did not come to Court on that date, on account of their illness and, therefore, the case, on account of non-prosecution, was dismissed in default.

Having heard learned counsel for the appellant-applicant and Sri Lal Ji Sinha, learned counsel for the respondents, we are of the view that the cause shown is sufficient to recall this Court's order dated 8.9.2006.

The application is, accordingly allowed. Order dated 8.9.2006 dismissing the special appeal in default is hereby recalled and the appeal is restored to its original number.

Let the appeal be listed for final disposal/hearing before the appropriate Bench at an early date.

Dated: 5.1.2007



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