VIKRAMAJIT SEN
VIRENDER KUMAR – Appellant
Versus
MAYA DEVI – Respondent
( 1 ) BY this Order I shall dispose off an application filed by the Petitioner under Order XLI Rule 19 read with Section 151 of Civil Procedure Code. The Civil Revision was dismissed for non-prosecution on 7/9/2000, since there was no appearance on behalf of Petitioner. It is averred that "the non-appearance on behalf of the petitioner is UN-intentional and bona fide as the counsel for the Petitioner could not check the Cause list of 7/9/2000 of the regular Matters". " This application-has been supported by" the affidavit of the applicant in which he has deposed as follows:
"1. That I am the petitioner in the above noted case, conversant with the facts of the case, am competent and authorized to swear this affidavit. 2. That the contents of the accompanying application , under order XL I Rule 19 read with Section 151 Civil Procedure Code for recalling the order dated 7/9/2000 has been drafted under my instruction and the same are true and correct to my knowledge and I state that the same may be read as part and parcel of this affidavit to avoid repetition. "
( 2 ) SINCE the reason given for the non-appearance on the crucial date is relatable to the Counsel for the peti
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