KAILASH NATH TIWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) S. K. Sen, C. J. Heard learned counsel for the applicant. None appears to oppose the application. This is an application for recalling of the order dated 14th December, 1999 passed by a Division Bench of this Court in Special Appeal No. 997 of 1995.

(2.) IT is not in dispute that on the date when the order was passed ex-parte the learned Advocate appearing for the appellant had obtained leave by filing an illness slip even then the Division Bench proceeded with and decided the matter ex-parte. IT appears to us that when an Advocate is ill it is expected that the matter should be sympathetically considered to enable the Advocate to make his submissions. An Advocate actually represents litigant in fact by such ex-parte decision the litigant is deprived of the opportunity to contest his case through his counsel which is his legal right.