Lala Ram vs Bainami & Another on 8 January, 2010

Court No. - 19
Restoration application no. 137013 of 2009 in
Case :- SECOND APPEAL No. - 278 of 2005
Petitioner :- Lala Ram
Respondent :- Bainami & Another
Petitioner Counsel :- Amit Daga
Respondent Counsel :- Devendra Dahma,P.K. Srivastava

Hon'ble Sanjay Misra,J.

Cause list has been revised. Learned counsel for the appellant is
present. None appears on behalf of the respondents.

This is an application for recall of the order dated 21.5.2009
whereby this appeal was dismissed for non prosecution. This
application is supported with an affidavit. The reasons shown for
non appearance of learned counsel for the appellant on 21.5.2009
when the appeal was dismissed for non prosecution is sufficient.
This application has been made within time.

In view of the aforesaid circumstances the order dated 21.5.2009
dismissing the appeal for non prosecution is recalled. The
application is allowed.

No order is passed as to costs.

Order Date :- 8.1.2010
Pravin