9911796707
TMI Blog1993 (9) TMI 106X X X X Extracts X X X X X X X X Extracts X X X X ..... ocate, 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 revision case is filed against the order of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 condone the delay, apart from vague averments, to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 dated April 9, 1990. C.M.P. No. 1611 of 1990 is also w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 should ensure intimation by counsel to the client of his intent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ds of justice would be met if the appellant has one more opportunity of being heard. We did not understand Sri Firoz, learned counsel appearing for the State of Kerala, to oppose this prayer of the petitioner. Accordingly, the order dated June 1, 1990, of the High Court is set aside and Tax Revision Case No. 169 of 1989 is remitted to the High Court for fresh disposal in accordance with law. The ..... X X X X Extracts X X X X X X X X Extracts X X X X
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