LAL KHAN Vs. STATE OF JAMMU AND KASHMIR
LAWS(J&K)-2020-2-28
HIGH COURT OF JAMMU AND KASHMIR
Decided on February 05,2020

Lal Khan Appellant
VERSUS
STATE OF JAMMU AND KASHMIR Respondents




JUDGEMENT

Sanjay Kumar Gupta,J. - (1.)The instant application has been filed by the applicant seeking recalling/ setting aside of order dated 13.09.2017, passed in 561-A No. 157/2014.
(2.)In the application, it has been stated that the aforesaid petition was disposed of by this Hon'ble Court on 13.09.2017. From the perusal of the said judgment it is stated that the aforesaid petition has been finally decided in absence of counsel for the petitioner. The petitioner had earlier engaged a counsel, who conducted the case on his behalf, who being busy in other Court could not appear in the case when the same was called for hearing. The petitioner had no knowledge with regard to listing of the case. The absence of the counsel as well as the petitioner was neither intentional nor deliberate.
(3.)It is stated that in absence of the counsel for the petitioner, the Hon'ble Court instead of consigning the same to record had decided the same on merits. Because of the absence of the counsel for the petitioner the Hon'ble Court was not assisted on behalf of petitioner and thus important aspect of the matter could not be properly highlighted by the petitioner for adjudication.
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