GAURI SHANKER Vs. IIIRD ADDL. DISTRICT JUDGE, BALLIA

JUDGEMENT

(1.) Civil Misc. Application No. 31385 of 2009 and Civil Misc. Restoration Application No. 31389 of 2009 are taken up together for final disposal.

(2.) This is an application to condone the delay in filing the restoration application.

(3.) The reason for not filing the restoration application earlier has been stated in paras 2, 3, 4 and 5 of the supporting affidavit. In para 2 of the affidavit it is stated that the case was listed for hearing on 11.5.2009 but the deponent could not mark the case and the case was dismissed for want of prosecution on 11.5.2009. In para 3 of the affidavit, it is stated that as the case was not noted, therefore, Sri B.P. Singh, learned Counsel could not appear in the Court. In j para 4 of the affidavit, it is stated that on 21.12.2009 when the applicant/Appellant had inquired about the current position of the case on telephone, then after inquiry, it transpired that the case was dismissed in default.