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Judgment
This application is filed by the Appellant for recalling of the order dated 09.05.2024 by which the appeal filed by the Appellant was dismissed for non-prosecution. Notice in the application was issued on 29.05.2024. At that time, Respondent No. 2 accepted the notice in court and the Appellant was allowed to serve notice of the application through dasti to Respondent No. 1.
Counsel for the Appellant has submitted that he has served the counsel who had earlier appeared in this case, through dasti notice and also intimated the date of hearing on the whatsapp and email.
The case has been called but no one appeared on behalf of the Respondent No. 1. Counsel for the Respondent No. 2 has submitted that he has no application if the application is allowed.
Consequently, the application is allowed. the order dated 09.05.2024 is hereby recalled. The appeal is restored in its original number alongwith the all applications and interim order.
Comp. App. (AT) (Ins) No. 243 of 2024
On the request of Counsel for the parties. List for hearing on 03rd July, 2024.