- (1.) The present application has been preferred for restoration of W.P. (S) No. 2638 of 2009, which was dismissed for default vide order dated 25 th November, 2011 due to non appearance of the learned counsel for the petitioner.
(2.) Learned counsel for the applicant (original petitioner) submitted that the reasons for non appearance has been stated in paragraphs 4 and 5 of this Civil Miscellaneous Petition and because of the reason stated in paragraphs 4 and 5, he could not appear before this Court in the writ petition and, hence, the matter was dismissed for default.
(3.) Having heard learned counsel for both the sides and looking to the reasons stated in paragraphs 4 and 5 of this application, this Civil Miscellaneous Petition is allowed. The order passed by this Court dated 25 th November, 2011 in W.P. (S) No. 2638 of 2009 is, hereby, recalled.;