BHABANI PANDA ALIAS DAS Vs. SANTOSH KUMAR PANDA

JUDGEMENT

(1.) THIS application has been filed for recalling the order dated 7.8.2000. The main ground in support of such petition is to the effect that the applicant, who was the opposite party No.l in the writ application, had entered appearance by filing Vakalatnama on 1.8.2000 and yet in the Cause List dated 7.8.2000, the names of the counsels were not indicated and as such the opposite party No. 1 could not be heard. It is also submitted, in the alternative, that in the notice which had been sent, 20.7.2000 was indicated to be the date of appearance, but, in fact, the notice was served on opposite party No. 1 on 29.7.2000 and thus, the notice was ineffective and without issuing fresh notice, the writ application should not have been taken up for disposal,

(2.) AFFIDAVIT of opposite party No.l himself was filed in support of such averments. The relevant portions contained in the petition are extracted hereunder :

(3.) AT the time when the present petition was taken up on 4.9.2000, it was found that the assertion of the present opposite party No.l that he had entered appearance on 1.8.2000 was incorrect. The case was adjourned to next day as Mr. Rath for the applicant wanted to file a fresh affidavit. Subsequently, a fresh affidavit has been filed wherein it is indicated that the opposite party No. 1 had handed over the Vakalatnama to Sri. G. Rath on 30.7.2000 to appear in the said case in the High Court. It is further stated that Shri G. Rath had handed over the Vakalatnama to his junior Advocate on 1.8.2000 instructing him to file the same. Affidavit of opposite party No.l is also filed on 4.9.2000 stating that he had handed over the Vakalatnama to Shri G. Rath on 30.7.2000. o