KAMAL KISHORE Vs. J AND K SPECIAL TRIBUNAL

JUDGEMENT

(1.) In this writ petition, the petitioner has impugned the orders dtd. 3/2/2010 and 19/5/2010. Vide order dtd. 3/2/2010, the appeal filed by the father of the petitioner was dismissed for non-prosecution and by virtue of order dtd. 19/5/2010, an application seeking restoration of the said appeal was dismissed.

(2.) It is stated that the father of the petitioner died on 21/5/2009 and within the period of limitation, the petitioner had filed the application for bringing himself on record as legal representative of the deceased father and in support of that, the petitioner claims to have placed on record the copy of the will and death certificate. Due to absence of the petitioner as well as his counsel, the appeal was dismissed for nonprosecution on 3/2/2010 and thereafter, a motion was laid by the petitioner for restoration of the same but that too was dismissed by the learned Tribunal vide order dtd. 19/5/2010. It is stated that application for restoration of the appeal was required to be allowed.

(3.) Response stands filed by the respondents in which factual aspects regarding merits of the appeal have been narrated.