SOVEN SINGH Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) Present petition was listed for hearing on 17.09.2009. Since none appeared on behalf of the petitioner, therefore, same was dismissed for want of prosecution.

(2.) Undisputedly, Mr. P.C. Jhingan, Advocate, who was conducting petition on behalf of petitioner, expired in the year 2010, therefore, contention of Mr. H.C. Joshi, Advocate for the petitioner seems to be justified that meanwhile, petitioner could not get any information about the progress of the case and when he changed his counsel in the year 2012, he came to know about the dismissal of the present petition. Consequently, restoration application along with delay condonation application was filed. For the reasons stated, delay condonation application no. 13779 of 2012 is allowed. Delay in filing the restoration application is condoned.

(3.) For the reasons stated, restoration application no. 1001 of 2012 is allowed. Order dated 17.09.2009 passed by this Court is hereby recalled. Petition is restored to its original number.