Allahabad High Court
Salim vs Addl. District Judge 8Th (M.A.C.T.) ... on 23 July, 2010
Author: V.K. Shukla
Bench: V.K. Shukla
Court No. - 21 Case :- WRIT - C No. - 42510 of 2010 Petitioner :- Salim Respondent :- Addl. District Judge 8th (M.A.C.T.) Etawah & Others Petitioner Counsel :- Kamal Dev Rai Respondent Counsel :- A.B. Sarai,B.B. Mishra Hon'ble V.K. Shukla,J.
Petitioner is claiming that on 1.5.2010 lawyers were on strike and on the said date, orders were passed that as no one was present and no one asked for time as such petitioner's evidence was closed and defence evidence was asked for. Application was moved for recall of the said order and said application has been rejected on 15.5.2010. Against the said order, present writ petition has been filed.
Sri. Kamal Dev Rai, Advocate, learned counsel for the petitioner contended with vehemence that in the present case once sufficient cause had been given then for the default of counsel, petitioner could not be made to suffer and as such writ petition deserves to be allowed.
In the present case looking into the nature of the order, which have been passed, in the ends of justice without issuing notice to the parties, writ petition is being finally disposed of.
This is accepted position that on 1.5.2010 lawyers were on strike. It is true that Hon'ble Apex Court has deprecated the lawyers going on strike. If the lawyers go on strike, clients should not be made to suffer, in such a situation, in this background, once giving all these reason, application was moved for recall of the order dated 1.5.2010, then liberal view ought to have been taken in the matter by imposing cost if any on the lawyer or referring the matter to Bard Council. In the present case order dated 1.5.2010 is permitted to stand that would occasion failure of justice and will frustrate the very purpose of filing claim petition.
In such a situation and in this background, order dated 1.5.2010/15.5.2010 are not being approved, as such order dated 1.5.2010/15.5.2010 are hereby quashed. In case till today, final orders are not being passed, then in that event Motor Accident Claim Tribunal is directed to proceed with the matter from the stage, before order dated 1.5.2010 was passed.
With these observations, writ petition is allowed. Order Date :- 23.7.2010 T.S.