MCC No.235/2011
7.2.2011.
Shri Ashok Kumar Gupta, learned counsel for the
applicants.
This is an application for restoration of Writ Appeal
No.1229/2008 which was dismissed on 28.1.2011 for want of
prosecution. Learned counsel for the applicants submitted that on
28.1.2011 he could not appear before the Court due to busy in
another Court
Considering the submissions made by learned counsel for
the applicants and looking to the facts of the case as also in view
of the settled law that for default on the part of the counsel a
litigant should not be made to suffer(See Rafiq and another vs.
Munshill and another, AIR 1981 SC 1400), we find that there is
sufficient cause for restoration of the writ appeal. Accordingly, the
W.A. No.1229/2008 is restored to file in its original number.
The MCC stands disposed of.
(S.R. Alam) (R.S. Jha)
Chief Justice Judge
YS/