9911796707
TMI Blog1972 (1) TMI 112X X X X Extracts X X X X X X X X Extracts X X X X ..... e was registered as Criminal Appeal No. 52 of 1966 in the Patna High Court. The order-sheet shows that notice was issued to the appellants on July 5, 1966. In pursuance of the notice, the appellants appeared in the case on July 28, 1966 through Shri Kedar Nath Verma, Advocate. By some mistake, neither the name of the appellants nor of their advocate Shri Kedar Nath Verma appeared in the cause list, and the case was heard in their absence on December 16 and 17, 1968. The appeal was allowed and the appellants were convicted of the offence under Section 420 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two months and to pay a fine of ₹ 500/- each. The appellants came to know of this order subsequently. On Ja ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l Appeal No. 52. of 1966 was duly shown in the cause list on Dec. 16, 1968, the cause list had failed to show either the name of the appellants or their advocate. When an advocate examines the cause list, he is generally not guided by the number of the case but by his name appearing against the case. Therefore when Shri Kedar Nath Verma or his clerk examined the cause list, they must not have noticed that the case is on board either on December 4, 1968 or Dec. 16, 1968. In a case of this type which had been filed in court in 1966 and came up for hearing two and half years later, it will be wrong to post the advocate with notice when the cause list is improperly published. If the name of the advocate who appears in the case is not shown, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... expect that when the appeal came on board for hearing on December 4, 1968, nearly 2 years after the filing of the appeal, some intimation would have been sent personally to the appellants who were the respondents in the appeal. We do not, therefore, believe as stated in the office note dated Feb. 6, 1969 that Shri Verma had not filed his appearance in Criminal Appeal No. 52 of 1966. if after filing his appearance, his name is not shown in the cause list, there was every possibility of Shri Verma not becoming aware of the fact that the appeal had been placed on board for hearing. The learned Judge has come to the conclusion that the application for rehearing of the appeal was not maintainable on the ground that no opportunity had been denied ..... X X X X Extracts X X X X X X X X Extracts X X X X
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