Condonation petition reg:
Our writ appeal judgement in the High court says:
�having satisfied himself, the learned Counsel for the appellant, on instructions of the appellant,seeks to withdraw the appeal.
The appeal is accordingly dismissed as withdrawn.No costs.
Actually without oral or written instructions from the appellant , Counsel withdrew the application
by signing himself saying this was best for you.The appellant was present in the court.
We filed an affidavit and petition as party in person for recall of withdrawal and offer to to rehear our writ appeal and render justice under section 151 of CPC .
Judgement given on 04.09.2017. Our counsel did not apply for original order within 3 days. He has applied on 22.09.17 that too not as urgent but as CPC copy and that too he applied one day before dasara holidays ( 23.09.17-02.10.17) and the copy delivered on 04.10.2017. All this was brought to our notice when we start discussing the case for filing with the clerical official in the appellate section.
THE ORDER WAS OBTAINED BY FRAUD ON COURT.
WE MADE A MENTION TO THE HONOURABLE JUDGE on 01.11.2017 about the order which was obtained by fraud on court.He instructed us to file affidavit and petition as per procedures.
Now, after filing the petition and affidavit , the court clerical officer asked for condonation petition. That also given.
Condonation petition written by us was in a diplomatic way saying that our counsel applied for court CPC order very late . So the clerical official want a good reason for condonation petition to accept our application.
Kindly help us in the above case, how to write a condonation petition effectively to get the application acceptable for the court and to convince the judge and get it condoned in the above situation.