2010 Supreme(All) 1611

[2010(8) ADJ 13 (NOC)]
ALLAHABAD HIGH COURT
BEFORE : RAN VIJAY SINGH, J.
GAURI SHANKER AND OTHERS ....Appellants
Versus
IIIRD ADDL. D.J., BALLIA ....Respondent
(Second Appeal No. 1396 of 1982, decided on 7th May, 2010)

Headnote:(A) Restoration application—Delay in filing of—Condonation of delay—Inadvertently case could not be marked in the cause list and case was dismissed in default—Delay in filing restoration application sufficiently explained—Hence, application for condonation of delay condoned.

       (B) Code of Civil Procedure, 1908—Order III, Rule 4—Restoration application—Maintainability of—Appearance in the Court of law on behalf of a party without written authorisation, only on oral instruction which could be brought on record on later stage—Legality of—Purpose of Order 3, Rule 4 is to avoid the manipulation and fraud by putting appearance without there being any authorisation in Court's proceedings—Hence application allowed on such ground.

       Order Accordingly.