UOI Vs. DHARAM SINGH

JUDGEMENT

(1.) THIS is an application by the petitioner/applicant for setting aside the order dated 2nd August, 2010, dismissing the writ petition in default of appearance of petitioner and his counsel and on the ground that along with the application, being CM No. 2910/2010 for substituting the legal heirs of deceased respondent No. 34, no application seeking condonation of delay in filing the application for substitution was filed despite the opportunity given and therefore, the petition has abated.

(2.) THE applicant has contended that on 2nd August, 2010, the counsel for the petitioner could not appear when the matter was taken up by the Court as he was busy in another matter before the Bench of Hon'ble Mr. Justice Sanjay Kishan Kaul and Hon'ble Mr. Justice Valmiki Mehta. THE application is supported by the affidavit of Dr. Amarpreet Duggal, Director, Foreign Post, Department of Post. THE applicant has also contended that the application seeking condonation of delay in filing CM No. 2910/2010 seeking substitution of the legal heirs of deceased respondent No. 34 was in fact filed, however, since the counsel for the petitioner could not appear on 2nd August, 2010 and therefore, the said fact could not be brought to the notice of the Court entailing an observation that the petitioner has not filed any application seeking condonation of delay in filing the application being CM 2910/2009 seeking substitution of the legal heirs and consequently the writ petition was held to have abated also.

(3.) THE reasons stated by the applicant constitute sufficient cause for setting aside the order of the dismissal dated 2nd August, 2010 and holding that petition has abated. Consequently, the order of dismissal dated 2nd May, 2011 and the abatement of petition is set aside and the application of the petitioner being CM No. 2910/2009 and the writ petition are restored to their original numbers. Application stands disposed of.