- (1.) The Judgment of the Court was as follows : The sole trustee who has taken office in place of the previous sole trustee, who was also the sole writ petitioner in this case, has taken out this application for restoration of the writ petitien that was dismissed for default by my order dated September 13th, 2002.
(2.) The writ petition was admitted by order dated May 16th, 2000, which was made in presence of Advocates for the respondents. During pendency of the writ petition the petitioner died on May 19 ,2002. After assuming office the present petitioner took out the requisite application for substitution (CAN 7554 of 2002), Which Was filed on August 16th, 2002.
(3.) When that application was pending decision, the writ petition itself was listed for final hearing, and by order dated September 13th, 2002 it was dismissed for default. This application for restoration after condoning delay was taken out on October 4th, 2005. It was stated that the petitioner acquired knowledge of dismissal of the case only on September 26th, 2005;