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MCC No.211/2010
07.05.2010
Shri D. C. Jain, learned counsel for the petitioner.
I.A No.5447/2010 for amendment in the application for
restoration, is allowed for the reasons mentioned therein.
Necessary amendment be carried out during the course of
the day.
Also heard on the question of admission and condonation of
delay.
This is an application for restoration of W.P No.7427/2007
(S) dismissed for want of prosecution by order dated 15.12.2009.
It is submitted by the learned counsel for the petitioner that
he could not attend the case when it was called up for hearing on
account of the fact that he could not notice the case in the Cause
List and as such could not remain present when it was taken up
and due to his absence the petition was dismissed for want of
prosecution. It is submitted that the petitioner came to know about
the order of dismissal only at a later stage and as such the delay
has occurred. In such circumstances, it is submitted that the delay
in filing the application for condonation of delay as well as the
application for restoration deserve to be allowed.
Having heard the learned counsel for the petitioner and
looking to the fact that the reasons stated in the applications for
restoration as well as for condonation of delay are bonafide, both
the applications are allowed. The impugned order dated 15.12.2009
passed in W.P No.7427/2007 (S) is recalled and is directed to be
restored to its original number.
This M.C.C stands disposed of.
A copy of this order be placed in the record of W.P No.
7427/2007 (S).
C.C as per rules.
( R. S. JHA )
JUDGE
mms/-