2009 (1) TMI 918

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....eave granted. 2) Heard learned counsels for the parties to the lis. 3) This appeal is directed against the orders passed by the High Court of Judicature at Allahabad in Civil Miscellaneous Writ Petition No. 20552 of 1988 dated 05.08.2003 and the orders passed on Restoration Application No. 216574 of 2005 dated 02.11.2006. By the impugned orders, the court has rejected the writ petition for n....

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....ame became due to him. 5) Respondents have filed their counter affidavits. Pleadings are complete. In the interregnum, several petitions/applications are filed before the High Court by both the parties. The appellant has succeeded in all those interlocutory matters. 6) When the matter was posted before the Court on 05.08.2003, unfortunately for the appellant, his lawyers could not be present....

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....rivastava, whose name also appeared in the cause list had been elevated to the bench of the High Court and, therefore, could not appear as the counsel for the appellant. 8) The explanation offered according to the learned Judges is not satisfactory and, therefore, have rejected the Restoration Application. Aggrieved by these two orders, the appellant is before us in this appeal. 9) In our vi....

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....ter filing the writ petition. The appellant had engaged the services of two learned counsels. Unfortunately for him, one was elevated to the bench and other was suffering with physical ailment. All this information was forthcoming in the application filed for restoration. The High Court has not appreciated these facts. In our opinion, whether the applicant has made out sufficient cause or not, ....