Jaspreet Singh, J. - (1.) Heard Sri Syed Aftab Ahmad learned counsel for the appellant and Sri Anil Kumar Srivastava for the respondent-Insurance Company.
(2.) None appeared for the respondents no.2 and 3. Accordingly, the first appeal from order has been heard ex parte against them.
(3.) At the outset, it may be stated that the aforesaid appeal was dismissed in default vide order dated 12.12.2018. However, after passing of the order, learned counsel for the appellant had appeared and had made an application citing reasons for his non-appearance. This Court upon considering the said request, passed the following order which is being reproduced hereinafter:- "learned counsel for the appellant appears just after passing the order and submits that he was engaged in another court when present case is called out and the same was dismissed in default. He moved an application for recall of the order of dismissal of appeal. The FAFO is being adjourned and listed for hearing on the adjournment on the part of appellant. Since just after passing the order learned counsel for the appellant appears and express that his omission was done bonafidely, therefore, the application for recall of dismissal in appeal may be considered. The said request may be considered on the next date of listing if learned counsel for the appellant is ready to argue the appeal without seeking adjournment. List the said application in the first week of January, 2019 for hearing alongwith record of FAFO. Till the next date of listing the said order shall be kept in abeyance.";