RAJENDRA SINGH TYAGI Vs. PREM SINGH AND ORS.

JUDGEMENT

(1.) LIST has been revised. Learned Counsel for the Petitioner is present. Sri Madhav Jain and Sri Yasharth are not present even in the revised list.

(2.) THE present writ petition has been filed for a writ of certiorari quashing the orders dated 23.10.2002 and 26.7.2000 passed by the Additional District Judge, Court No. 16, Agra whereby the appeal filed by the Petitioner was dismissed on the ground of delay and the restoration application/recall application filed by the Petitioner was disposed on the ground that the said Court does not have power to recall the order.

(3.) IT is contended that the Petitioner fell ill on 22.7.2000 and remained ill till 28.8.2000. Accordingly, the substitution application was dismissed. It is stated that the substitution application was moved after the delay of three days as alleged by the learned Counsel for the Petitioner. It is contended that the lower Court as well as the appellate Court passed the orders impugned illegally and against the provisions of law.