Whether oral application is maintainable for restoration of matter dismissed in default?
Having regard to the number of applications, which are filed, we reiterate the observations of this Court in Shamdasani's case and hold that where a matter is dismissed in default on account of slight negligence on the part of the party or Advocate in appearing before the Court, an oral application for restoration may be considered if made before the rising of the Court and it is not necessary for the party to file an application for restoration in writing.
IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)
Misc.C.A. No. 677 of 2009 in Writ Petition No. 2158 of 2009
Decided On: 06.07.2009
Sanjay Dagadappa Kapse Vs State of Maharashtra and Ors.
Hon'ble Judges/Coram:
S.A. Bobde and F.M. Reis, JJ.
Citation: 2010 (1) ALLMR 263
