GURMEJ SINGH Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THIS appeal is directed against three orders; one dated May 11, 1993 and the two orders dated September 2, 1993. By the order dated May 11, 1993, the petition was dismissed for default of appearance. Thereafter, the application for setting aside the dismissal for default of appearance, and for condonation of delay in filing the application for restoration, were filed. The learned Single Judge dismissed the restoration application on the ground that there was negligence on the part of the counsel and as such no sufficient cause was made out for restoration of the writ petition to its original number. The application for condonation of delay was also dismissed.

(2.) WE have heard the learned counsel for the parties. The appellant had filed application for condonation of delay in filing the application for restoration through Shri V. K. Sharma, Advocate. In the said application it has been stated that after the admission of the writ petition, the writ was listed for regular hearing on October 25, 1990, before Hon'ble Mr. Justice Amarjeet Chaudhary, at serial No. 337 and thereafter it was dclisted from the list. Thereafter, it was listed before Hon'ble Justice V. K. Bali. On May 11, 1993, when the petition was dismissed for default of appearance, it had escaped the notice of the learned counsel and he had not noted the case. He came to know of the dismissal of the writ petition only on August 20, 1993, when he was informed by the office. Immediately thereafter the application for condonation of delay and the application for restoration of the writ petition to its original number was filed by the appellant. In our opinion, since an affidavit has been filed stating therein the fact that the case was listed on May 11,1993 and that it escaped the notice of the learned counsel, it is a sufficient ground for condonation of delay. In the circumstance, we allow the appeal, set aside the impugned orders. Now, the writ petition shall be listed for hearing before a learned Single Judge who will decide it on merits. No posts.