RATNABATI DASH Vs. UNION OF INDIA

JUDGEMENT

(1.) The present appeal is directed against an order dtd. 26/11/2021 passed by the learned Single Judge dismissing CMAPL No.274 of 2020 and I.A. No.118 of 2021 whereby on account of delay of 697 days in filing the restoration application, the restoration application was itself dismissed.

(2.) The W.P.(C) No.3606 of 2004 filed by the original Petitioner (whose legal representatives are the present Appellants) was dismissed for non prosecution on 3/1/2019. In seeking recall of the said order the present Appellants filed CMAPL No.274 of 2020 along with I.A. No.118 of 2021 for condonation of delay of 697 days in filing the CMAPL.

(3.) In the said I.A. it was submitted that the original Petitioner was suffering from certain mental health issues and wanted to change his counsel, but was unable to do so prior to his death on account of his illness on 27/9/2020. His LRs then inquired about the matter and came to know of the dismissal of the writ petition, which was not within their knowledge earlier.