Sudip Ahluwalia, J. - (1.) The applicant, Smti. Jessy John, who was an appellant in a mandamus appeal which was heard and disposed of on merit by another Division Bench of this Court on 3rd June, 2014, has now filed the instant application under section 151 of the Code of Civil Procedure read with Order 41 Rule 17 and Order 41 Rule 19 of the Code of Civil Procedure and appears in person. She submits that although she had specifically instructed her learned advocate Mr. Rajinder Singh not to appear further in the matter, he had appeared on her behalf on 3rd June,2014 without any instruction from her, as a result whereof her appeal was dismissed on merit. She now seeks recalling of the order dated 3rd June, 2014.
(2.) When asked by this Court to produce any written instruction given by her to her learned advocate, Mr. Rajinder Singh, to withdraw from the appeal, being MAT No.25 of 2011, she has not been able to produce any copy of such written instruction.
(3.) Be that as it may, let us assume that the learned advocate was validly instructed not to appear in the matter. The fact remains that he was granted leave to retire from the matter by the Division Bench, which had thereafter proceeded to decide the appeal on merit.;