Law: Civil Procedure Code (V of 1908)

Section: O. XLI, r. 23

Civil Procedure Code (V of 1908) O. XLI, r. 23-Remand (civil)-Counsel for appellant suffering from genuine illness of eye sore and as such unable to see cause list to ascertain date faked in case---High Court's order making no mention of such illness and omission apparent on face of record=-Case, in circumstances, held, shall have to be remanded to High Court for fresh disposal after keeping said illness in view, Date of hearing 17th February 1980.                                                                                                                  JUDGMENT KARAM LLAHEE CHAUHAN, J.--This is an appeal by special leave against an order of the High Court dated 14th December, 1977, whereby a Civil Miscellaneous Application No. C.M. 5250/77 (in R. S. A. No. 463/74) which appeal is still pending in the High Court-was dismissed. This said application was filed to recall an earlier ex parte order of the High Court dated 4th Decem ber, 1977, whereby an order of status quo obtained by the appellants was vacat ed. The case of the appellants was that the said order had been…