Heard learned counsel for both the parties on the restoration/recall application no. 343081 of 2015 and perused the record.
This restoration/recall application has been moved for getting the Habeas Corpus Writ Petition No. 29132 of 2015 restored to its original number on the ground that in the aforesaid writ petition 17.09.2015 was fixed but on that date the petitioner could not mark that the very writ petition, so he could not appear in the court at the time when the petition was called out, so the aforesaid writ petition was dismissed for want of prosecution.
The application is supported by the affidavit and that there is no counter affidavit in rebuttal to that very affidavit. So there is no reason to disbelieve the contents of the affidavit filed by the petitioner. Hence, the restoration/recall application is allowed and the order dated 17.09.2015 passed in Habeas Corpus Writ Petition No. 29132 of 2015 is recalled and the aforesaid Habeas Corpus writ petition is restored to its original number.
The Habeas Corpus Writ Petition no. 29132 of 2015 be listed in the next cause list for hearing.
Order Date :- 19.1.2016 P/K