SATVIR GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner filed an application before the learned District Judge seeking for the setting aside the award dated 20.11.1981, filed in the Court for being made rule of the Court. The application of the petitioner was dismissed in default on 30.9.1996, due to the non -appearance of the petitioner and his counsel. The award was consequently made rule of the Court followed by a decree.

(2.) THE petitioner on 8.3.2000 filed restoration application seeking the recall of the order dated 30.9.1996. He also filed an application seeking condonation of delay on the ground that he remained in bed for a period of more than three years due to disc problem occuring in the month of September 1996, That his advocate had all along made him ti believe that his presence on every date of hearing was not necessary. That it is only in the month of January 2000 when he contacted his lawyer he came to know about the dismissal of the application. Where after the restoration application has been filed. The respondents contested the claim of the petitioner in their objections. In support of the application only the petitioner stepped into the witness box.

(3.) LEARNED District Judge has dismissed the application of the petitioner by his order impugned whereby he has refused the condonation of delay and this order is being assailed in this revision.