LATE MOHD ASIF Vs. SHAHID KHAN

JUDGEMENT

(1.) Appellant impugns order dated 19.06.2020 whereby the application of the appellant seeking restoration of the claim petition dismissed in default, has been rejected.

(2.) It is contended by learned counsel for the appellant that the appellant is the legal heir of the deceased and is not educated. He submits that she had entrusted the case to her advocate who did not appear when the matter was listed. He submits that the appellant herself had appeared on an earlier occasion and was under an impression that the review petition filed by the respondents had been dismissed and the matter was proceeding.

(3.) He submits that she thereafter bonafidely filed an execution petition seeking execution of the award and when she came to know that her claim petition has been dismissed for non-prosecution, she filed the subject application for restoration. It is contended that she became aware of the dismissal of her claim petition only on 02.08.2019 and accordingly on 07.08.2019 subject application for restoration was immediately filed.