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2013 Supreme(All) 1864

ADITYA NATH MITTAL
Hariprakash – Appellant
Versus
State of U. P – Respondent


Advocates:
For the Revisionist : Shashi Nandan, R.P. Tripathi and Ashok Kumar Srivastava.
For the Opposite Party : A.G.A.

Aditya Nath Mittal, J.

Heard learned counsel for the applicant, learned A.G.A. and perused the record.

2. This application for recall of order dated 1.2.2002 has been moved with the prayer to condone the delay and set-aside the order dated 1.2.2002. The delay is condoned.

3. The grounds taken in the application are that the applicant has engaged Sri M.P. Singh, Advocate, who had filed this Revision No.814 of 1986 on 27.5.1986, pursuant to which the applicant was released on bail on 28.5.1986. Later on Sri M.P. Singh was elevated to the Bench so Sri Shashi Nandan, Advocate filed his Parcha on 9.11.1987. The lower court record was summoned but the same was not received. Sri Ashok Kumar Srivastava was never engaged by the applicant, who had argued the said case and Sri Shashi Nandan or Sri Ashok Kumar Srivastava never intimated about the hearing of the case and ultimately when the execution warrant was issued on 26.6.2003, then the applicant came to know about dismissal of the said revision for the first time and came at Allahabad on 1.7.2003 and engaged Sri R.P. Tripathi, Advocate to file present recall application. Although other grounds have also been taken regarding merits of order d



























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