M.C.C.No.663/2010 Suresh Kumar Rai State of M.P. & others 20.5.2010
Shri S.R.Shukla, counsel for petitioner.
This application is filed seeking restoration of review petition
no.82/2010, which was dismissed by order dated 1.4.2010. For
ready reference, order dated 1.4.2010 is referred, which reads thus :-
“None appeared yesterday when the case
was called. Today again none appears to press
this review petition. Review petition is dismissed
for want of prosecution.”In the application, the petitioner has stated thus :-
“2. That when the instant case was called out,
the counsel was busy in another court. When he
reached in the Court the matter had just been
called out and was dismissed in default.”
No particulars of the case in which counsel for petitioner was
busy before another Court has been furnished in the application. The
affidavit is silent in this regard. Apart from this, the counsel who was
busy before another Court has not filed affidavit and the Clerk of the
counsel has filed the affidavit, which is not sufficient cause for
restoration of review petition.
In view of aforesaid, we do not find any reason to allow this
application. This M.C.C., is dismissed, with no order as to costs.
(Krishn Kumar Lahoti) (G.S.Solanki)
JUDGE JUDGE
M.