Court No. - 3 Case :- MISC. SINGLE No. - 1131 of 1984 Petitioner :- Abdul Alim @ Ibne Mian Respondent :- Narain And Another Petitioner Counsel :- Akhilesh Sahai,A.K.Sinha,Sunil Chitrally Respondent Counsel :- C.S.C.,Nirmal Tewari,V.R.Singh Hon'ble Shri Narayan Shukla,J.
C.M.A.No.2455 (w) of 1997
Application is allowed.
Let the necessary substitution be made during the course of the day.
3.2.2010
Banswar
w.p.1131 (MS) of 1984
Hon’ble Shri Narayan Shukla,J.
The petitioner is aggrieved with the order dated 2nd of December, 1983,
whereby the revision of the opposite party has been allowed by setting
aside the order passed by the court below on the ground that the
petitioners’ application was not the application for restoration, rather it
was an application for taking out the records from the file consigned as
well as no disability was shown in the application in filing the application
for restoration after six years.
The petitioner has brought on record the application as annexure No.1,
upon perusal of which I am of the view that it is an application for
restoration of the case. So far as disability for not filing the application
during six years is concerned, the applicant has explained therein that he
went under major operation after July, 1975 and remained confined to
bed mostly. After recovery from ailment he presented his case by filing
an application for restoration, considering which I am of the view that the
application deserves to be allowed, therefore, I hereby quash the order
impugned dated 2nd of December, 1983. The application moved by the
petitioner for restoration is hereby allowed. The Tehsildar, Lucknow, who
is competent to hear the matter, is directed to proceed with the case on
merit.
With the aforesaid observations and directions the writ petition is
allowed.
Order Date :- 3.2.2010
Banswar