2007 (3) TMI 761

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..... arned Single Judge of the Punjab and Haryana High Court dismissing the application to recall the order dismissing the Second Appeal. The background facts in a nutshell are as follows: Appellant filed Second Appeal No.4802/2003 before the High Court questioning correctness of the order passed by a learned Second Additional District Judge, Kapurthala. By the said order the first Appellate Cour .....

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..... he matter was called learned counsel for the appellant was arguing another matter before a Bench of Hon ble the Chief Justice. In the case at hand respondents were yet to put appearance. So the assisting counsel was instructed to attend the Court to note the next date. By the time the assisting counsel reached the Court, the matter had already been taken up and dismissed for want of prosecution. I .....

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..... erits that could not have been a ground to refuse restoration of the appeal. As rightly contended by learned counsel for the appellant the reason for non appearance when the matter was taken up had been indicated. There is no dispute that the factual scenario as projected by the appellant was the correct one. Mere fact that the appeal was dismissed on merits could not have been a ground to refu .....

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