be mainly taken into consideration the alleged default committed by the petitioner on the date of dismissal of the Appeal. If appropriate reasons are given in that context the fact that he failed to take necessary steps in the matter earlier need not be taken into consideration, it may help to ascertain his over all conduct. Usually, Advocates note down date of adjournments of relevant matters before the Courts of Law following which they take necessary measures to contact their clients and also to proceed further in those matters. Hence, such aspects also need to be taken into consideration while examining such applications. If those applications are dismissed on the ground of non filing of necessary affidavits by the parties concerned much injustice may be caused to the parties. No doubt as per law parties have to file their affidavits along with their petitions before the Courts whenever such need arises, but the law does not provide that affidavits filed by their counsels consequently should not be taken into consideration. In fact, in my opinion, the counsel for the petitioner gave a valid reason about his absence before the lower Court at the relevant point of time but the party and counsel should have been more diligent enough to take necessary steps at appropriate time.
