(1.) The applicants-claimants have moved this application seeking recall of the order dated 15.04.2008 passed in First Appeal No.857/2006 with condonation of 3778 days delay in filing the application for the reasons set out in the application.
(2.) Heard learned counsel for the applicants-claimants and learned A.G.P. appearing for the respondent-State.
(3.) In brief, it is the contention of learned counsel for the applicant that applicant was unaware the order of dismissal dated 15.04.2008 passed in appeal due to default on the part of the Advocate representing the appellant. It is submitted that as the counsel engaged by the applicant elevated as a Hon'ble Judge of this Court, she engaged another Advocate and it was learnt that appeal was dismissed on 15.08.2008 due to non-appearance of her Advocate. She has therefore filed the application seeking recall of order and restoration of the First Appeal. It is submitted that if the order is not recalled there is every likelihood that the serious prejudice may cause to the applicant.