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SA/20/1992 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SECOND
APPEAL No. 20 of 1992
=========================================================
DARBAR
ABHASING KESARSING - Appellant(s)
Versus
GUJARAT
VIDHYUT BOARD & 1 - Defendant(s)
=========================================================
Appearance
:
MR
RC JANI for
Appellant(s) : 1,
None for Defendant(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 22/02/2011
ORAL
ORDER
Heard
learned advocate Mr. R.C. Jani appearing on behalf of applicant.
This
Court has passed an order on 2nd
December, 2010, which is quoted as under :
“Registry
has notified this matter by showing name of learned advocate Mr. RC
Jani for appellant. However, looking to the file, no vakalatnama of
learned advocate Mr. RC Jani is found and there is no signature of
learned Advocate Mr. RC Jani found on the memo of appeal. Mr. RC Jani
has pointed out that the appellant has never contacted during this
eighteen years and, therefore, looking to facts of matter, it seems
that the learned advocate Mr. Jani is not appearing on behalf of
appellant and appellant also seems to have lost interest in
prosecuting the matter. Looking
to lapse of eighteen years of time, matter has become infructuous.
In
light of this back ground, according to my opinion, appellant must
have lost interest in prosecuting this matter has become infructuous
and, therefore, same is disposed of as having become infructuous with
a liberty in favour of appellant to file note in registry of this
Court for revival of this appeal in case if the cause of action for
this appeal is still surviving. Therefore, this appeal stands
disposed of accordingly with liberty as aforesaid in favour of
appellant.”
This
Court has disposed of second appeal having become infructuous, but,
subsequently, on 20th
January, 2011, a note has been filed by learned advocate Mr. Jani,
where, following averments are made :
“The
above mentioned Second Appeal was disposed of on want of instructions
and as observed in the order by the Hon’ble Court. It is also
observed that the liberty is given in favour of the applicant to file
a note in registry of this Court for revival of second appeal in
case if the cause of action for this appeal is still survive.
Upon
the written letter to the client, who contracted yesterday i.e. on
19.01.2011 and instructions have been given that even today, the
cause is survive and therefore, matter is required to be agitated on
merits.
In
view of this, kindly circulate the matter before the appropriate
Court at the earliest.”
In
view of aforesaid averments made in note dated 20th
January, 2011 and considering submissions made by learned advocate
Mr. Jani, order passed by this Court on 2nd
December, 2010 in Second Appeal No.20 of 1992 is hereby recalled and
second appeal is restored to its original file with all attached
orders.
Accordingly,
note dated 20th
January, 2011 filed by learned advocate Mr. Jani is disposed of.
[H.K.
RATHOD, J.]
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