High Court Punjab-Haryana High Court

Subhash vs Satpal And Others on 10 February, 2009

Punjab-Haryana High Court
Subhash vs Satpal And Others on 10 February, 2009
Civil Revision No.721 of 2009                                  -1-

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       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                       CHANDIGARH

                         Civil Revision No.721 of 2009
                         Date of decision: 10.2.2009


Subhash                                                  ...Petitioner

                                  Versus

Satpal and others                                        ...Respondents


CORAM: HON'BLE MR. JUSTICE S.D.ANAND.

Present:    Mr. Shiv Kumar, Advocate for the petitioner.

S.D.ANAND, J.

The learned Trial Court had recorded adequate and

acceptable reasoning in ordering the restoration of the suit which had

earlier been dismissed in default. The relevant part of the discussion

appears in para 5 of the impugned order which also notices that none of

the parties entered appearance on the relevant date. From that fact, the

learned Trial Court validly drew an inference that there was misconception

in the mind of both the parties about the date of hearing. I have not been

persuaded to find any fault with the impugned order.

Learned counsel for the petitioner has a peculiar predicament

in the circumstances of the case. An appeal filed by the petitioner before

this Court against an interim order was pending consideration before the Ist

Appellate Court. As the suit itself came to be dismissed in default in the

meantime, the appeal (against the interim order) was got dismissed by the

petitioner as infructuous. The predicament envisioned by the petitioner is

that the Ist Appellate Court may not order the restoration of the appeal. It

will be for the petitioner to bring the above indicated facts to the notice of
Civil Revision No.721 of 2009 -2-

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the learned Ist Appellate Court which shall proceed to pass an appropriate

order in accordance with law in the facts and circumstances of the case

including the fact that suit had earlier been dismissed in default, that the

appeal against the interim order was got dismissed as infructuous in view

of the dismissal of the suit in default and that the suit under reference was

thereafter ordered to be restored.

Disposed of accordingly.

February 10, 2009                                 (S.D.Anand)
Pka                                                  Judge