(1) LEAVE granted.

(2) WE have heard the learned Counsel for the parties. The writ appeal filed by the appellant before the Division Bench of the High Court was within time but it was dismissed in default on 2/9/1997 as nobody appeared on behalf of the appellant before the High Court on that day. On 23/7/1998 an application for recalling the order dated 2/9/1997 was filed by the appellant but it was dismissed on the ground of limitation invoking the provisions of Article 122 of the Limitation Act which prescribes a period of 30 days for making an application for restoration of an appeal dismissed in default. The High Court has held that the date of knowledge on which the order of dismissal was passed was immaterial. In the application for restoration the appellant had pleaded the material facts which are reproduced hereunder :-

"YOUR petitioner/appellant states that Mr. Ashok Kumar Roy was and is the sole advocate in the matter for the petitioner/ appellant That the said learned advocate suffered a severe heart attack in 1996 and was advised to be hospitalised In fact he was ultimately admitted to Daffodil Nursing Home and was kept in I C U for few weeks That fu