BELIM JIVA RAHIM SULTAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) By means of filing this application, the applicants have prayed to restore Special Civil Application no. 4009/97 on file which was dismissed for default by the Court (Coram : Actg.C.J. R.A.Mehta & Mr.Justice S.D.Pandit) vide order dated September 30, 1997.

(2.) In the application, it is pleaded that the learned Counsel for the applicants had submitted a sick note, but the Court had dismissed the petition in IInd Sitting when neither the applicants nor their learned Counsel were present when the matter was called out. It is further mentioned in the application that when cognate matter connected with Special Civil Application No. 4009/97 was to be listed, clerk of the learned Counsel for the applicants came to know that the petition was dismissed, though sick note was submitted by the learned Counsel for the applicants. Under the circumstances, the applicants have filed present application and claimed relief to which reference is made earlier.

(3.) Though the respondents are duly served, no affidavit-in-reply has been filed by any of the respondents controverting the averments made in the application.