1993 (9) TMI 106

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.... M. SAHAI  M.A. Firoz, Advocate, for the respondent.   C.N. Sreekumar, Advocate, for the appellant.   --------------------------------------------------   The order of the Court was made by   K.S. PARIPOORNAN, J.-The petitioner in T.R.C. No. 169 of 1989 is the petitioner in both the civil miscellaneous petitions. The respondent is the Revenue. The tax rev....

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.... of 1990 dated April 9, 1990, is filed to set aside the order dismissing the revision for default and to restore the case to file. Admittedly there is delay in filing the application. So the petitioner has filed C.M.P. No. 1612 of 1990 dated April 9, 1990 to condone the delay of 44 days in filing the petition for restoration. 3.. We heard counsel for the petitioner. In the petition filed to con....

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....e grounds stated in the affidavit filed in support of C.M.P. No. 1611 of 1990-the petition to restore the revision to file-are neither clear nor definite. The averments are vague. There is not even a statement from the counsel who was originally engaged that the petitioner desired to engage another counsel. We are unable to place any reliance on the vague averments contained in the affidavits date....

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.... so to do, so that the party is enabled to make alternative arrangement. In the present case, it is submitted, learned counsel had not done so and no papers were filed by the counsel in the court indicating that he had issued any such advance notice to the client of his intention to retire from the case. While we do not propose to express any opinion as to the circumstances in which the court s....