HARI RAM SHARMA Vs. RAJASTHAN STATE ELECTRICITY BOARD

JUDGEMENT

(1.) SINCE the question involved in this application as also in D. B. Civil Misc. Restoration Application No. 42/92 is same, both these applications are being disposed of together by this order. The brief facts are as under: -

(2.) D. B. Civil Special Appeal (Writ) No. 411/91 (the appeal) and D. B. Civil Writ Petition No. 2928/89 (the writ) were fixed for preliminary hearing before this Bench on 16-9-1991. The appellant in the appeal and the petitioner in the writ were being represented by the same learned counsel. Since none appeared in the above said cases, they were dismissed in default. On 11-10-1991 this application and the application No. 42/92 were filed in this Court for restoration of the appeal and the writ respectively with a prayer that the cases be restored.

(3.) ONE of us (N. C. Kochhar, J), vide order dated 27-3-1991, while deciding "maula Bux (deceased through legal representatives) vs. Sohal Lal" (1) after discussing the decisions of the Apex Court in cases "rafiq Vs. Munsi Lal (2) and "smt. Lachhi Tiwari & Ors. Vs. Director of Land Records (3) has held that the cases dismissed in default cannot be restored as a matter of course and in absence of any sufficient cause. We find no reason to take a view other than the one taken by one of us in the above said decision,