Learned counsel for the petitioner submitted that on the date of hearing his counsel was present still the appellate court has directed to proceed ex-parte against all the defendants. An application for recalling of the order has been moved with the specific allegation that his counsel was present on the date fixed still the order has been passed to proceed ex-parte. Without recording any finding in this regard, the application has been rejected by the impugned order.
Issue notice to all the respondents, returnable at an early date. The petitioner may take steps to serve the respondents within two weeks.
List in week commencing 2.5.2011.
Till the next date of listing, the further proceeding in Misc. Civil Appeal No. 136 of 2008 (Saleem Khusro and another Vs. Harjindra Pal and others) shall remain stayed.
Order Date :- 16.3.2011 OP