JUDGMENT

HARJIT SINGH BEDI,J.

1. The facts of the appeal are as under:

2. Civil Revision No. 22 of 1975 arising out of a civil suit was allowed on 8th June, 1976 by the High Court. Review Application No. 5 of 1976 was filed for re-calling the order dated 8th June, 1976. This application was allowed ex-parte on 8th September, 1987 as the counsel for the appellant, Mr. K.D. Raina did not appear to defend the case. As a result of the order dated 8th September, 1987, the order dated 8th June, 1976 was re-called, and the revision petition was dismissed thereby upholding the order of the trial court that the suit had abated. The appellant herein thereafter filed CMP No.266 of 1987 for setting aside the ex-parte order dated 8th September, 1987. In these proceedings, it was pleaded that Mr. K.D. Raina, Advocate had failed to appear in Court as he was not in regular practice and his absence was not wilful. An affidavit of Mr. Raina was also attached with the application. The learned Judge did not accept the plea and affidavit of Mr. Raina and dismissed CMP No. 266 of 1987 on 11th November 1988 leading to this Letters Patent Appeal against the aforementioned order. When this matter came up bef