-------------------------------------------------------------- Appearance:@ party in person Coram: S.D.Pandit.J dated: 25.9.1996.
Order:
This application is filed for restoring the Cri.Revision Application No. 85 of 1996 which was dismissed on 1.8.96 for default of the petitioner by passing following order:
"The matter requires to be dismissed in view of the conditional order of 25th April, 1996. In view of the same, petition stands dismissed for want of prosecution."
2.It is the case of the petitioner that when he was asked to produced certified copy on 30.7.96, he was told that the next will be 12.8.96, Therefore, when he came to the court on 12.8.96, he came to know that his petition has been dismissed on 1.8.96. According to him, he was neither negligent nor wilful defaulter. Therefore, in the circumstances, he seeks restoration of his application.
3. No doubt, the order passed on 25.4.96 was a conditional order in the following words.
"Office objections to be removed on or before 20.6.96 failing which the matter will stand dismissed for default. "
The court further says that when the matter was placed before the Judge for non compliance of the order, the court had not dismissed the petition for non compliance of the said order and the matter was adjourned to 25.6.96. Then again it was adjourned from 2.7.96 to 30.7.96. It is not quite clear from the record as to whether the matter was placed before the Court on 30.7.96 as per the order passed on 2.7.96. Nodoubt the petitioner is mentioning that as a matter of fact he had come before the court and the matter was taken on 30.7.96 and he was given the next date as 12.8.96. From the record it is not possible to hold that the claim of him was correct as there is no endorsement as to what had taken place on 30.7.96. Therefore, in view of the above circumstancesI hold that in the interest of justice the order of dismissal of the petition for non prosecution will have to be set aside in exercise of the inherent powers under section 482 Cr.P.C. and the original petition will have to be restored to file. On restoration of the original application to file the petitioner be given intimation of the date of hearing.
(S.D.Pandit.J)