- (1.) Heard learned counsel for the parties.
(2.) The present special appeal has been preferred against the impugned order dated 27.11.2008 passed by the learned Single Judge of this Court, whereby the application for restoration of the writ petition filed by the appellant was dismissed.
(3.) Submission of learned counsel for appellant is that the appellant was required to file certified copy of one order which was not filed along with the writ petition, resulting in passing of a per emptory order by the learned Single Judge. The appellant made available certified copy to his Counsel, but the same was not filed by him, therefore, due to per emptory order and negligence on the part of the learned counsel, the writ petition came to be dismissed. In these circumstances, it is clear that there was no negligence on the part of the appellant, therefore, the writ petition should have been restored accepting the reasons for not complying with the per emptory order passed by the learned Single Judge.;