- (1.) Leave granted.
(2.) This appeal is directed against the judgment and order dated 12.01.2011 of the High Court of Judicature at Allahabad in Civil Miscellaneous Application No.34180 of 2010 in Civil Miscellaneous Writ Petition No.62495 of 2007. By the impugned judgment, the High Court has refused to recall the earlier order dated 03.12.2009.
(3.) Keeping in view the peculiar facts and circumstances pleaded in the petition, we are of the opinion that the High Court ought to have considered the application filed by the applicant/appellant more sympathetically instead of approaching the matter with hyper technicality while considering the request for recalling the order passed and dismissing the petition for nonprosecution.;