Judgment :

Javed Iqbal Wani, J.

1. This order shall dispose of the instant application being filed by the applicant under Section 151 Cr.P.C. for recalling of order dated 30.12.2017 where under restoration application being 05/2017 filed for re-admission of appeal bearing No. 25/2011 had been dismissed.

2. Heard learned counsel for the parties and perused the record.

3. Learned counsel for the parties reiterated their submissions in tune with their respective pleadings.

4. While learned counsel for the applicant prayed for recalling of the order dated 30.12.2017, on the grounds urged in the application, the counsel for the non-applicant insisted for dismissal of the application inter-alia amongst others, fundamentally on the ground that the application is not maintainable.

5. Before adverting to the application in hand, a brief resume of the case which emerges from the record is that a first appeal had been filed by the applicant herein against the judgement and decree passed by the court of District Judge Samba in File No. 50/Samba dated 20.04.2009 in favour of respondents/non-applicants being CIA No. 25/2011.

6. The said appeal had got dismissed for non-prosecution on12.07.2016. The dismissal of the appeal resulted into filing of an application for execution of the decree by the plaintiffs/respondents herein prompting the appellant/applicant herein to file an application for re-admission of the appeal being 05/2017. The said application being time bared had been accompanied with an application for condonation of delay. The said condonation of delay application had been allowed in terms of order dated 06.06.2017 and restoration application directed to be diarized.

7. During the pendency of the said restoration application, MP No. 02/2017 is filed by the plaintiffs/non-applicants herein for release Rs.05 lacs of decretal amount which had been deposited by the applicant herein before this court pursuant to an order dated 29.03.2017.

8. The application for restoration supra had been dismissed by this court for non-prosecution on 30.12.2017. The said order is sought to be recalled through the medium of the instant application.

9. On 23.05.2018 the date of issuance of notice in the application in hand, decretal amount deposited before this court by the applicant herein was directed to be released in favour of the plaintiffs/non-applicants herein subject to an undertaking that in case the applicant herein succeeds in the appeal the amount so received by the non-applicants herein shall be reimbursed with interest.

10. The inherent power of this court under Section 151CPC is being invoked in the instant application for the reasons detailed out there in which are extracted and reproduced in extenso along with accompanied affidavit here under:

The applicant most respectfully submits as under:-

1. That the above titled execution petition was listed in the Hon’ble Court for hearing on 12.03.2018. Through this execution petition/application on 12.03.2018 for the First time, appellant came to know that restoring application filed for restoration of appeal has been dismissed for non-prosecution. It may be specifically stated that the appellant herein came to know for dismissal of restoration application from the perusal of copy of order dated 30.12.2017 annexed with the execution petition. The execution petition revealed that application for restoration filed by applicant seems to be dismissed as the then counsel of the Forest Department was not present.

2. It may be stated that applicant herein was not at fault in any manner for taking steps for prosecution of application and for restoration of appeal and always bonafidly believed that the counsel engaged by Department was appearing and defending the interest of Department. It is settled position of law that client cannot be made suffer due to non appearance of the counsel.

3. That the appellant hearing was very much interested in prosecuting appeal as well as an application for restoration