DESA SINGH Vs. AJIT SINGH

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in these appeals is to the correctness of judgment rendered by a learned Single Judge of the Punjab and Haryana High Court dismissing the second appeal filed. Though appeal was decided in the absence of learned Counsel for the appellant yet the High Court proceeded to decide the matter on merits.

(3.) Learned Counsel for the appellant submitted that an application in terms of Order XLI of the Rule 27 of the Code of Civil Procedure, 1908 (in short the CPC) was filed. Shri Ishwari Parshad, Advocate was initially engaged by the appellant at the time of admission. He retired from practice due to his old age. Thereafter another learned Counsel Sh. Susheel Kumar Goyal alongwith his son Sh. S.B. Goyal were engaged. Unfortunately, Sh. S.B. Goyal expired in 2001 and thereafter Sh. Sushil Kumar Goyal also retired from practice. When the matter was listed on 22.10.2002 there was no appearance on behalf of the appellant because of the aforesaid unforeseen circumstances. That is how there was no representation when the matter was listed. Unfortunately, the High Court without referring to all the relevant aspects placed for consideration, decided the matter on merits.