The appeal was dismissed as paper books were not filed by the appellant. The appellant has applied for the recall of the above order dated 26.8.09 on the ground that actually the paper books were filed on 8.12.08 as such the appeal has wrongly been dismissed on the basis of incorrect report submitted by the office.
The office report dated 25.5.09 in fact shows that the appellant has filed paper books. In fact it is the respondent who has failed to file his paper books and therefore, the appeal could not have been dismissed as there was no default on the part of the appellant. Accordingly, order dated 26.8.09 is recalled. Application allowed. The appeal is restored to its original number.
Appeal be listed for final hearing on the basis of paper books furnished by the appellant.
Order Date :- 5.10.2010 piyush