KUNWAR BAHADUR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Nitin J. Pandey, holding brief of Sri Ganesh Dutta Sharma, learned counsel for the petitioners.

(2.) This is an application to recall the order the order dated 06.07.1995 dismissing the writ petition in default along with an application under Section 5 of the Limitation Act to condone the delay in filing the same.

(3.) Recall is being sought on the ground that one Suresh son of Lal Bihari, resident of same village as that of the petitioners, who was doing pairavi in the case, was not giving proper feed back to the petitioners hence the deponent who happens to be petitioner no. 5 in the month of October, 2014 instructed the present counsel to look after the writ petition and pursue. It was only thereafter the present counsel finding that the record of the writ petition was missing, an application dated 11.09.2014 was moved before the Registrar General for tracing out the record. Thereafter, on 05.12.2014, the counsel for the petitioners came to know of the fact that writ petition has already been dismissed on 06.07.1995 for want of prosecution and thereafter the present application has been filed.