RAMWATI Vs. CHANDRA GOPAL

JUDGEMENT

(1.) WE have considered the averments made in the application for condonation of delay (CLMA No. 2724 of 2010) in preferring the restoration application (MCC No. 250 of 2010), and being satisfied with the reasons furnished for delay in preferring the restoration application, we allow the application for condonation of delay. Inasmuch as, learned Counsel for the Petitioner, as stated, failed to mark the matter in the list and since the same was a fault on the part of the counsel engaged by a client and taking into account that a client should not suffer for the fault on the part of his counsel, we allow the restoration application.

(2.) BY consent of the parties, we have heard the appeal without notice to the private Respondent, inasmuch as, the private Respondent is not involved in the matter complained of in the writ petition.

(3.) THE learned Judge, having noticed the provisions contained in Section 157 -AA of the Act, held that the transfer was contrary to the provisions of the Act and accordingly upheld the order.