ALOK SPICES Vs. STATE OF KERALA

JUDGEMENT

(1.) We have heard learned counsel on both sides. Leave granted.

(2.) The Tax Revision Case No. 169 of 1989, before the High Court of Kerala came to be dismissed for default on 25.01.1990. On the previous day when the case was listed learned counsel for the appellant reported "no instructions" and the matter was adjourned to the next day, i.e., 25.01.1990, directing that the appellant's name be shown in the cause list as appearing in person.

(3.) The submission of learned counsel for the appellant is that when a learned counsel appearing for a party is permitted to retire from a case, the court should ensure that the counsel had given intimation of his intention so to do, so that the party is enabled to make alternative arrangement. In the present case, it is submitted, learned counsel had not done so and no papers were filed by the counsel in the court indicating that he had issued any such advance notice to the client of his intention to retire from the case.