Banwari Lal and Others vs The State of Haryana and Others

N.C. Jain and Sarojnei Saksena, JJ.—This Letters Patent Appeal under Clause X of the Letters Patent has been preferred against the judgment of the learned Single Judge declining the application for recalling the order of dismissal of the writ petition in default.

Counsel for the appellants has submitted before us that he was present before the Bench upto 2.45 P.M. when the learned Single Judge was doing D.B. motion hearing matters. Ten cases were still to be dealt with by the Division Bench and he thought that his case would not be taken tip even if those 10 cases were to finish before 3.45 P.M. He has submitted that it was due to his miscalculation that the case was dismissed in default. Counsel has filed his personal affidavit.

Apparently there is nothing to disbelieve the affidavit of the counsel. The appellants, who had been waiting for their turn since 1981, should not be made to suffer even if there is some lapse on the part of the counsel.

For the reasons recorded above, the appeal is allowed, the order lot the learned Single Judge dated November 14, 1995 is set aside and the case is restored. The order of dismissal of writ petition is also quashed. The case would now be heard as per roster. Be listed by the Registry on August 4,1997.