R.H. Zaidi, J. - (1.) Heard learned counsel for the parties.
(2.) By means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 6.1.1984 whereby the application of the petitioner for restoration of the appeal was rejected by the court below.
(3.) The relevant facts of the case giving rise to the present petition, in brief, are that it was on 1.9.1983 that the misc. appeal No. 155 of 1977 filed by the petitioner was fixed for hearing. On the said date, according to the facts stated in the writ petition, there was strike in the court, consequently, the counsel for the appellant left the court without ascertaining the next date fixed. Even on the next date, he did not enquire about the result of the appeal. It is stated that on 7th October, 1983, the counsel came to know about the dismissal of the appeal. He thereafter wrote a letter to the pairokar and thereafter on 1.1.1983, the restoration application was filed. The court below, firstly, looked into the previous conduct of the petitioner but observed that the same was not relevant for the decision of the present application. The court below, thereafter proceeded to decide the present restoration application and observed that the petitioner was negligent in prosecuting the case. According to him, negligence was no ground for setting aside the ex parte order and thereafter the court below dismissed the application by his order dated 6.1.1984, hence the present petition.;