Civil appeal restored by lawyer without application by appellant

Suresh Gandhi (Querist) 03 April 2013 This query is : Resolved
Hello Sir,
Please help me in this situation.
Civil Appeal was dismissed due to absence of Appelant. The appeal was restored by his lawyer without affidavit or application by appellant. Is it lawful?
Thank you in anticipation!

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Devajyoti Barman (Expert) 03 April 2013
Without restoration no appeal could be restored. It is unlawful order.
cHALLENGE THIS IN HIGHER COURT.

Raj Kumar Makkad (Expert) 03 April 2013
How a lawyer can restore the appeal? The appeal might have been restored by Court only so better to first go through the relevant order thereto as only then raise the query or go ahead for appeal as already advised.

Devajyoti Barman (Expert) 04 April 2013
By lawyer the author means to say restoration at the behest of lawyer.

Raj Kumar Makkad (Expert) 04 April 2013
I do agree with the interpretation but no opinion can be framed without going through the order passed by the court.

prabhakar singh (Expert) 04 April 2013
Can you post the two orders:one dismissing the appeal,the other restoring the appeal for our perusal ??????????

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