S.C. AGARWAL, J.—This reference has been made in the following circumstances:

2. In this Civil Second Appeal an order was passed on 17th January, 1986 for it being put up in Court for hearing on 24th February, 1986. On 24th February, 1986 it could not be listed in the Court for hearing because on that day there was no roster for Civil Second Appeals. It was listed in the Court on 26th February, 1986. On 26th February, 1986 neither the appellant nor his counsel was present and the appeal was dismissed in default by D.L. Mehta J.

The appellant thereafter moved an application for restoration (S.B. Civil Misc. Restoration Application No. 63 of 1986). The said application for restoration was allowed by D.L. Mehta J. by his order dated 18th March, 1986 on the view that the Registry of this Court had committed a mistake in listing this case on 26th February, 1986 although on 24th February, 1986 no date was given. In this connection the learned Judge has observed as under :

"Whatever may be the position of the past but the present and the future cannot be forgotten. The cannons fired by Mr. Munshi are right and the shots which he has fired is a piercing shot. The Registry or we the Judges sit

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