- (1.) THE CAN No.7001 of 2014 has been filed by the appellant in FMA No.2341 of 2013 for setting aside of an order dated March 10,2014 dismissing, in the appellant's absence, the appeal and the applications filed in it; and the CAN No.7055 of 2014 has been filed for condonation of delay in filing the CAN No.7001 of 2014.
(2.) THE appellant filed a WP No.10893(W) of 2013 praying, inter alia, for a mandamus commanding the official respondents therein to transfer investigation of a case from the State CID to the CBI. His case was that the State CID did not make adequate investigation for tracking down his missing son and take necessary steps for apprehending one Bijoy Basak, the accused in the case, remaining at large.
(3.) BY an order dated April 25,2013 a single Judge dismissed the WP. The appeal was against that order. The case on which the appellant is seeking setting aside of the Division Bench order dated March 10,2014 has been stated in CAN 7001 para.8, which is quoted below: "8.That it is discernible to point out herein that since the Counsel of the Applicant would not appeared due to circumstances beyond his control the matter was decided ex parte." Advocate for the appellant has strenuously argued, principally, on the merits of the appeal. He has, however, agreed that the appellant is entitled to argue the appeal on merits, only if he can justify the appellant's non -appearance on March 10,2014 and accepting the reasons this court sets aside the order dated March 10,2014.;