The court observed that the 1 st respondent had not filed an affidavit in
response, hence chose to keep himself out of court process yet the
affidavits in support and reply referred to him and the court stated that
that for proper operation of judicial work, lawyers drawing court pleadings should be
careful when preparing the pleadings and must specify the parties who are expected to
participate in Court proceedings in Court.
The court observed that the applicant sought leave to file the notice of appeal out time
which was granted and parties had appeared before a single justice who had granted
the interim order. The court extended the application on the same terms .
The application was thereby allowed.