Recall of ex parte order for lack of hearing notice and transfer intimation in appeal proceedings

An ex parte order was recalled where the applicant had not been given notice of hearing or intimation that the appeal had been transferred from Delhi to Chandigarh. The absence was treated as a result of lack of communication, and the applicant therefore could not appear when the matter was listed. The Registry was directed to list the appeal for final disposal.

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Issues: Whether the ex parte order deserved recall on the ground that no notice of hearing or intimation of transfer of the appeal was given to the applicant.

Analysis: The appeal had been filed at Delhi and the applicant was not informed that the matter had been transferred to Chandigarh. In these circumstances, the applicant could not appear when the matter was taken up, and the absence was treated as having resulted from lack of intimation.

Outcome: The earlier order was recalled and the Registry was directed to list the appeal for final disposal.

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