PADAM PRAKASH GUPTA Vs. CHOTEY LAL

JUDGEMENT

(1.) Heard Sri A.K. Rai, Advocate, for the applicant.

(2.) This is an application seeking recall of my order dated 9.4.2013 whereby appeal was dismissed for want of prosecution.

(3.) Hearing of this Second Appeal was expedited by Apex Court vide order dated 14.9.2009 passed in Civil Appeal No. 6254-6255 of 2009 arising out of SLP (C) Nos. 1810-1911 of 2009. Apex Court has required this Court to decide the appeal on merits as expeditiously as possible. It was listed before this Bench on 8.4.2013 under the heading "Supreme Court Expedited Cases" and, hence, as per practice of this Court, giving due preference, it was taken up. Despite the case having been called twice, none appeared on behalf of appellant though five counsels were shown in the cause list appearing for appellant, namely, Sri M.P. Bajpai, Sri A.K. Rai, Sri Amit Saxena, Sri P.N. Saxena (Senior Advocate) and Sri V.K. Singh. Since none appeared, this Court could have dismissed the appeal for want of prosecution on the same day, but having regard to the request of Apex Court that appeal may be decided on merits, giving another opportunity to the appellant, I directed this matter to be taken up on the next date by my order dated 8.4.2013. In para 4 of the affidavit accompanying the application under consideration, it is not the case of the learned counsels appearing for appellant that they had no notice of aforesaid listing of appeal, and, virtually there is no explanation as to why they did not appear on 8.4.2013 though the case was called twice. On the next date, i.e. 9.4.2013, again the case was called twice yet non appeared on behalf of appellant. This Court could have decided the matter on merits, but looking to the procedural statutory provisions of Code of Civil Procedure, I refrain from doing so and in that circumstances, having no other option, dismissed the appeal for want of prosecution.