PRAKASH MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) This is an application praying for recall of my judgement dated 14.9.2009 filed by Sri D.S.M. Tripathi, counsel for the petitioner stating that on 14.9.2009 he was arguing a case in Court No. 39 and, therefore, could not appear when this case was taken up and decided ex parte. Later on when he became free and came to the Court he was informed that the matter was already decided and thereafter he informed his client for filing the present application, who came to Allahabad on 7.10.2009 and thereafter the application has been filed.

(2.) It is true that the writ petition was decided in the absence of learned counsel for the petitioner since he did not appear though the case was taken in the revised list but as a matter of practice this Court always permit a counsel even if he appear subsequently on the same date to argue the case and thereafter pass order but in this case no such request was made on 14.9.2009, since he never appeared before this Court. Probably for this reason today when this application was taken up one Sri Ashutosh Tripathi, Advocate has appeared and requested this Court to permit him to make his submissions. He has also filed his Vakalatnama after obtaining no objection certificate from Sri D.S.M. Tripathi, Advocate.

(3.) Though, normally, in recall/review application moved by another counsel, it is not appropriate to hear a different counsel but in the interest of justice I give full opportunity to Sri Ashutosh Tripathi to address the Court and to show any error in my judgement dated 14.9.2009.