When the application is called out and taken up for hearing, the petitioner who appears as party-in-person is not present.
From the record, it appears that the petition came to be dismissed for non-prosecution, because, despite the directions by the Court, the petitioner did not take any steps to remove the office objections.
Now, without removing the office objections and without showing any willingness to remove the office objections, the petitioner has preferred present application seeking restoration of the proceedings of the petition.
In face of such fact and default, the applicant petitioner has not remained present to attend the hearing of the application.
The petition and the application are filed through constituted attorney and he has also not attended the hearing.
Ordinarily, in such circumstances the Court would dismiss the petition for non-prosecution because even in the application seeking restoration of the proceedings, the petitioner/constituted attorney has not bothered to attend the hearing and remain absent.
However, since any advocate is not engaged by the petitioner and the petitioner/constituted attorney appears as party-in-person, the hearing is adjourned to give last opportunity. S.O. to 28th February, 2013.
(K.M.THAKER, J.) Jani Page 2 of 2