High Court of Judicature at Allahabad
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Kushal Singh v. D.D.C. Chitrakoot & Others - WRIT - B No. 25491 of 2003  RD-AH 5297 (8 November 2005)
Hon'ble Janardan Sahai, J.
This case was dismissed under Chapter XII Rule 4 of Rules of the Court on 7.5.2004 as the petitioner has not taken steps for service on opposite parties 3 to 7. An application for setting aside that order and in the supplementary affidavit it is stated that several letters were sent by the counsel for the petitioner to the petitioner but the petitioner could not come to take steps as letters were not received by him. It is also stated that on 7.5.2004 Sri U.S. Verma, counsel for the petitioner was out of station and has gone to his native village and therefore he could not appear or take steps. It is stated in paragraph 7 of the supplementary affidavit that it was on hearing from the contesting respondent that the writ petition had been dismissed, that the petitioner came to Allahabad on 120.5.2004 and it was then that the counsel came to know about the order. Sufficient explanation has been given for inability to take steps. Counsel for the petitioner states that he is ready to take steps forthwith. The order dated 7.5.2004 is set aside. The case is restored to its number.
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