LALJI SINGH YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) D. S. Sinha, J. Heard Shri A. S. Diwekar, learned Counsel appearing for the petitioner and Shri Vivek Ratan, learned Counsel representing the respon dents No. 2,3,4 and 5.

(2.) THIS writ petition was filed by the petitioner through Shri A. S. Diwekar and Shri B. R. Maurya, as is evident from the Vakalatnama accompanying the writ peti tion, in September, 1981 and was ad mitted on 4th November, 1981. Eventual ly, it was listed for hearing on 5th Septem ber, 1994 and was dismissed for want of prosecution. The order dated 5th Septem ber, 1994 dismissing the petition for want of prosecution is sought to be recalled by means of the restoration application No. 17800 of 1994, which is accompanied by an affidavit sworn by Shri R. K. Patel, claim ing himself to be the clerk of Shri Ajay Yadav, Advocate.

(3.) THE respondents No. 2 to 4 are contesting the prayer of the petitioner for restoration. A counter- affidavit on their behalf has been filed in the matter of res toration. In the counter-affidavit it is pointed out that, admittedly, there was no illness slip of Shri I. N. Singh. It is further pointed out that in the affidavit filed in support of the restoration application there is no explanation for non-ap pearance of Shri I. N. Singh, Advocate when the case was taken up on revision of the cause list on 5th September, 1994. THE counter-affidavit filed on behalf of the respondents No. 2, 3, 4 and 5 remains uncontroverted inasmuch as no rejoinder affidavit has been filed by or on behalf of the petitioner.