1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- WRIT RESTORATION No. 33 of 2007 GHEESHA LAL V/S RAJ.SPINNING & WEAVING MILLS LTD.& ORS Mr. DK PARIHAR, for the appellant / petitioner Date of Order : 2.5.2007 HON'BLE SHRI N P GUPTA,J. ORDER ----- The matter was called. The learned counsel was requested to argue the application by making submission to substantiate the allegations made in the application, to which the learned counsel submitted that the Court may do whatever the Court thinks proper. A look at the order of the Division Bench shows that it has been noticed that the counsel argued the matter, and only one query was not replied but even then the petition should not have been dismissed in default but it should be decided on merits on the basis of arguments put forth before learned Single Judge. Noticing the contention liberty was granted to file restoration. That is how the matter comes up. A look at the order dt. 25.2.2004 makes it clear 2 that no submission was made by the learned counsel for the petitioner, except that the Tribunal did not give opportunity to the petitioner to lead evidence, and thereupon a query was put as to whether the D.E. was found to be fair, or not, to which it was replied that it was found to be fair. That being the position obviously there was no occasion for giving any opportunity for leading evidence, and therefore, the learned counsel was asked as to what type of evidence the petitioner was to lead after the learned Labour Court found the enquiry to be fair. Thus, it is not the case that the case was argued, and only one query was not replied, rather the only relevant query that arose, was not replied, and contemptuous gesture was made about the query put by the Court, and again on being requested to answer the query, and on the Court taking exception to contemptuous gesture, the learned counsel walked out of the Court. Obviously, therefore, he was not present in the Court, and therefore, the case was rightly dismissed in default. Thus, I do not find any force in the application. The same is, therefore, dismissed. ( N P GUPTA ),J. /Sushil/