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Judgment
(Hybrid Mode)
Heard Ld. Counsel for Appellant as well as Ld. Counsel for Respondent.
This Appeal has been filed against the Order dated 11/03/2026, by which I.A. 5930/ 2026 filed by the Appellant has been rejected. Order passed on 11/03/2026 is as follows :
“IA 5930/2026 : Counsel for the Applicant was directed to supply a copy of the written note However, till date no written note has been submitted. We are of the view that the Applicant is not interested in pursuing the matter. Accordingly, IA No 5930/2026 is dismissed for non-prosecution.”
Ld. Counsel for the Appellant submitted that Appellant has also filed the written notes on 06/03/3036 after sending copy to the other side on same day.
It is submitted that on 11/03/2026, when order was passed, written notes were already submitted but it may not be reflected in the DMS Portal. Be as it may.
Appellant’s case is that he has filed written notes after sending copy to the other side, the rejection of the Application on the ground of non-prosecution cannot be maintained.
We thus set aside the order dated 11/03/2026, and revive the I.A. 5930/2026 for fresh consideration in accordance with law.
With the above observation, Appeal is disposed of.