High Court of Judicature at Allahabad
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Suleman v. Amiruddin - SECOND APPEAL No. 3050 of 1981  RD-AH 17495 (10 October 2006)
Hon. S.P. Mehrotra, J.
Civil Misc. Restoration / Recall Application No. 174564 of 2006.
It appears that by the order dated 28.7.2006, the Court dismissed the Second Appeal for want of prosecution on account of failure on the part of the learned counsel for the defendants-appellants to appear even when the case was taken-up in the revised list.
The aforementioned Restoration /Recall Application has been filed , interalia, praying that the said order dated 28.7.2006 , be recalled, and the Second Appeal, be restored to its original number.
The aforementioned application is supported by an affidavit, sworn on 20.8.2006
It is , interalia, stated in the said affidavit that the counsel for the appellants was busy in making arguments in some Court, therefore, he could not attend the Second Appeal when the same was taken-up on 28.7.2006; and that non- appearance of the counsel was unintentional and bonafide.
Having regard to the averments made in the aforementioned application and its accompanying affidavit, and having considered the submissions made by Sri Anjani Kumar Sinha, holding brief for Sri Syed Wajid Ali , learned counsel for the defendants-appellants and Sri Nisaruddin , learned counsel for the plaintiff-respondent , I am satisfied that sufficient cause has been made out for non-appearance of the learned counsel for the defendants-appellants in the Second Appeal when the same was taken up by the Court on 28.7.2006.
In view of the above, the order dated 28.7.2006 is recalled, and the Second Appeal is restored to its original number.
It will be listed for hearing on 1.11.2006.
The case will not be treated as tied-up with me.
Second Appeal No. 3050 of 1981/aks.
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