JASBHAI PATEL Vs. CHANDRAKIRTI SINGH

JUDGEMENT

(1.) This is an application for restoration of F.A.No.524/2003, whichwas dismissed in default on 8.4.2010, the date on which the appealwas listed for final hearing. Learned counsel for petitionersubmitted that the arguing counsel Shri Pranay Verma, was beforeanother Bench, so he could not appear when the appeal was calledfor hearing and dismissed in default.

(2.) Learned counsel for respondent no.1 has no objection if theFirst Appeal No.524/2003 is restored to its number. Considering thepeculiar facts of the case, when an old appeal of 2003 was listedfor hearing, the counsel for appellant ought to have remainedpresent at the time of hearing of the appeal.