SUNIL KUMAR VERMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This is an application for restoration of the appeal which stood dismissed in default on 17.4.2009 as the counsel for the appellant failed to appear when the matter was listed and called out for Admission on 27.3.2009 but the matter was passed over on the said date and it was not called out in the second round. Thereafter the matter was listed again on 17.4.2009, yet again no one appeared on the said date also.

(2.) Thus, the counsel failed to explain the reason for his non appearance on more than one occasion. However, we are conscious of the fact that ultimately the appellant will suffer on account of these laches of his counsel and , therefore, we are more than indulgent in taking a lenient view of the matter by allowing the appeal to be restored to its original number , subject to deposit of cost for the lapse. Hence, this application is allowed , provided a cost of Rs.2500/-is deposited in the Advocates' Welfare Fund and a receipt thereof is produced in the Registry to that effect.

(3.) The appellant shall be at liberty to realize this cost from his counsel as it is the counsel, who has been negligent and committed default although it was his legal duty to appear in the matter. The application is allowed, subject to deposit of the cost of Rs.2500/-after which a receipt to that effect shall be produced in the Registry, within a period of two weeks from the date of receipt of this order.