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1993 (9) TMI 106

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..... t. Ends of justice would be met if the appellant has one more opportunity of being heard. We did not understand Sri Firoz, learned counsel appearing for the State of Kerala, to oppose this prayer of the petitioner. The order dated June 1, 1990, of the High Court is set aside and Tax Revision Case No. 169 of 1989 is remitted to the High Court for fresh disposal in accordance with law. - Civil Appeal No. 5033, 5034 of 1993, S.L.P. (Civil) Nos. 14974, 14975 of 1990, - - - Dated:- 13-9-1993 - Judge(s) : DR. A. S. ANAND., M. N. VENKATACHALAIAH., R. M. SAHAI M.A. Firoz, Advocate, for the respondent. C.N. Sreekumar, Advocate, for the appellant. -------------------------------------------------- The order of the Court .....

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..... n April 4, 1990, no convincing or cogent reason is given to condone the delay. It is stated that the petitioner expressed his desire to engage another counsel. But it is conceded that the vakkalath of the new counsel was not filed. The petitioner was aware of the pendency of the case and its posting, which is evident from the affidavit filed in this Court dated April 9, 1990. In so far as the petitioner has failed to prove sufficient cause for non- appearance when the case came up for hearing on January 25, 1990, there is no merit in the petition to condone the delay caused in filing the restoration application. We reject C.M.P. No. 1612 of 1990. 4.. We may also add that the grounds stated in the affidavit filed in support of C.M.P. No. 1 .....

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..... umstances in which the court should ensure intimation by counsel to the client of his intention to retire from the case, however, it appears that at the stage of proceedings where the personal presence of the party in the court is not normally expected-such as the stage of final arguments in a suit or the arguments in appeal-other than the stage, say of evidence where the party's presence is normally expected, it might, perhaps, be proper to ensure that learned counsel who seeks to retire from the case at the very last moment had earlier given notice to the client. It is on this ground that the appellant later moved the court for recalling the earlier order of dismissal and to afford to it an opportunity of being heard. This prayer was re .....

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