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Mahandra Prasad And Others v. Director General,Health Service & Family Welfare & Others - SPECIAL APPEAL No. 1258 of 2002  RD-AH 17382 (9 October 2006)
Civil Misc. Restoration Application No. 31288 of 2006 in Special Appeal No. 1258 of 2002
Hon'ble S.Rafat Alam, J.
Hon'ble Sudhir Agarwal,J.
List has been revised despite that no one is present on behalf of the applicant.
This is an application to recall this Court's order dated 1.2.2006 rejecting the restoration application in default. The special appeal of the appellant-applicant was decided vide judgment dated 25.10.2005 on merit after having perused the record and, therefore, the restoration application, being mis-conceived, was rejected by the aforesaid order dated 1.2.2006. The appellant-applicant has again moved a restoration application for recall of the order dated 1.2.2006 rejecting the said application. Since we have found in our order dated 1.2.2006 that the appeal having been decided on merit, restoration application does not lie and, therefore, the present application is also misconceived and is, accordingly, rejected.
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