Court No. - 21 Case :- WRIT - C No. - 4611 of 2010 Petitioner :- Lalloo & Another Respondent :- Krishna Kumar Petitioner Counsel :- Uday Narayan Khare Hon'ble V.K. Shukla,J.
Questioning the validity of this very recovery
proceedings, Civil Misc. Writ Petition No. 62391 of
2009 (Lalloo and another Vs. Krishan Kumar) has been
filed. Said writ petition has been dismissed on the
ground of non-appearance of the counsel for
petitioner. At this juncture petitioner proceeded to
file present writ petition.
Present writ petition is not being entertained,
inasmuch as once writ petition has been dismissed
for non-appearance of the counsel then remedy of
petitioner lies in moving application for recall of
the order in the aforesaid writ petition mentioning
therein sufficiency of cause for non-appearance when
the case in question was called out. Such practice
cannot be appreciated as one cannot be given premium
for non-appearance and permitted to file second writ
petition.
Consequently, present writ petition is dismissed.
However, dismissal of writ petition will not come in
way of petitioner to move application for recall of
the order passed in Civil Misc. Writ Petition No.
62391 of 2009 (Lalloo and another Vs. Krishan
Kumar).
Dated 01.02.2010
Dhruv(4611-10)