Mohini Kapoor, J. - (1.) This special appeal has been filed against the order dated 8th January, 1993 by which the restoration application of the appellant was dismissed on the ground; that sufficient cause for absence in the date of dismissed of the writ petition was not made out.
(2.) The facts in brief are that a writ petition was filed by the present appellant for seeking admission to LL.B. 1st year course in Government College, Ajmer. On this writ petition an order was passed on 21st November, 1989 that provisional admission be given to her in LL.B. 1st year provided there remains vacancy available for admission after giving admission to the aspirants candidates who possess 45% marks and who have applied for admission. Thereafter, the writ petition remained pending and was adjourned from time to time on the request of the counsel for the parties. On 6th May, 1992 no one was present for the counsel for the petitioner and Shri D.K. Soral, counsel for the respondent No. 3 was present and the writ petition was dismissed in default and it was also made clear that the interim order dated 21st November, 1989 shall stand vacated by the dismissal of the writ petition.
(3.) An application for restoration of the writ petition was moved on behalf of the petitioner with the submission that her counsel Shri B.L. Samdariya was busy at Ajmer on 4,5 and 6th may 1992 in connection with the marriage of his niece therefore, in the morning on 6th May, 1992 he informed Shri R.N. Mathur, Advocate on telephone to appear before the Court and to seek adjournment on the ground of the marriage of his niece. The case was listed at Sl. No. 47 in the Court. However, when the Court called the case Shri R.N. Mathru, Advocate did not appear and the reason given is that he remained busy in some other court when the case was called out and, therefore, he could not appear and seek adjournment as instructed by Shri Samdaritya. Both Shri B.L. Samdariya and Shri R.N. Mathur have filed affidavits.;