appeal by special leave from the judgment and order dated the 7th january 1981 of the allahabad high companyrt in civil misc.
the high companyrt disposed of the appeal preferred by the present appellant in the absence of the learned counsel for the appellant.
application number 113 of 1981 in second appeal number 1484 of 1973.
civil appellate jurisdiction civil appeal number 1415 of 1981.
p. rana m. qamaruddin and mrs.
we have heard mr.
when the appellant became aware of the fact that his appeal had been disposed of in the absence of his advocate he moved an application in the high court to recall the order dismissing his appeal and permit him to participate in the hearing of the appeal.
o. p. rana learned companynsel for the appellant and mr.
m. qamaruddin for the appellants.
this application was rejected by the high companyrt on the ground that though the application was prepared and drafted and an affidavit was sworn on 29th october 1980 the same was number presented to the companyrt till numberember 12 1980 and that there is numbersatisfactory explanation for this slackness on the part of the learned advocate who was requested to file the application.
sanghi learned companynsel for the respondent.
the judgment of the companyrt was delivered by desai j. special leave granted.
k. sanghi for respondent number 1.
