N R PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Special civil application No.3241 of 1983 was dismissed by this court for nonprosecution on 12-12-1995. The special civil application was called for hearing in the first round, then in the second round and lastly in the third round, but none remained present on behalf of the petitioner and therefore the same was dismissed for non-prosecution.

(2.) The petitioner filed this Misc. Civil Application and prayer has been made for restoration of special civil application No.3241 of 1983. In support of the application no affidavit has been filed. Prayer has been made for dispensing with filing of affidavit. Even affidavit of junior advocate has not been filed. Be that as it may. The grounds which have been given for absence of the learned counsel are to be briefly stated.

(3.) Firstly the learned counsel for the petitioner has come with the case that the practice of the court is that the entire board is called out thrice and the matters in which counsel for either parties are not present in the court are adjourned twice. In the third round the court dismisses the matters if the counsel for the parties are not present; notwithstanding the fact that junior advocate on behalf of the advocate for the petitioners makes a mention that the matter be kept back for some time to enable such advocate to call the counsel for petitioners to conduct the matter. It has further been stated that the practice which is followed by the court is not to give even few minutes to junior advocates to call the counsel for the petitioners. So far as the facts of the present case are concerned, learned counsel for the petitioner stated that the matter was called out in the third round and Ms. Nandini N.Joshi, advocate on behalf of the counsel for petitioners mentioned to the court that the matter may be kept back for some time and that she will go forthwith to call the counsel for petitioners. However the learned Judge felt that he will not adjourn the matter even for some time in third round and dismissed the matter for default.