The High Court allowed an application for restoration of a miscellaneous application dismissed for non-prosecution, primarily due to the fault of conducting counsel, and restored the matter to the daily list.
Restoration of MATA No.4 of 2019 and its interim order to the daily list and subsequent orders.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CMAPL No.286 of 2019
03. 22.07.2019 Heard.
This is an application filed for restoration of MATA No.4 of 2019 which was dismissed for non-prosecution vide order dtd.04.04.2019.
It is pleaded by learned counsel for the petitioner that when the case was listed and called for, the petitioner could not appear before the court but his non-appearance neither deliberate nor intentional but for the fault of the conducting counsel. Because of the fault of the conducting counsel the litigant should not allow to be suffered.
Having regards to the reasons stated in the application, the same is allowed. The MATA No.4 of 2019 is restored to its original file.
The CMAPL is accordingly disposed of.
List MATA No.4 of 2019 in the weekly list of 20th August, 2019.
Interim order passed in MATA No.4 of 2019 is also restored and shall continue till the next date.
………………………...
S. K. Mishra, J.
………………………... Dr. A. K. Mishra, J.
Akd/pks
2
S. K. Mishra
Dr. A. K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
