PRAKASH CHANDER MANCHANDA Vs. JANKI MANCHANDA

JUDGEMENT

(1.) This appeal arises as a result of leave granted by this Court against the summary dismissal of the first appeal by the appellant before the High Court of Delhi. The first appeal was filed against an order passed by Sub Judge Ist Class. Delhi, rejecting the review petition filed by the petitioner. The facts necessary for disposal of this case are that in a suit filed against the present appellant in the Court of Sub Judge Ist Class, Delhi, when the matter was fixed for evidence of the defendant as the plaintiffs evidence was over and defendant present appellant's evidence was to begin when the case was taken up on 24-1-1985. The order sheet of the Court shows that no D W is present and at the request of the counsel of the defendant the case was adjourned to 7th May, 1985. It is stated that on this date for some reason, the case was transferred to another board and in the transferee Court, the order sheet showed presence of the counsel for parties and it further shows that as the case was received on transfer it was ordered to be put up on 21-8-1985.

(2.) Learned counsel for the appellant disputed the mention in these proceedings about the presence of the counsel of the defendant-appellant. But in any event as it is not important for the decision of this appeal it is not necessary to go into that question.

(3.) On 21-8-1985 it appears that there was a holiday and therefore the case was put up before the learned Judge on 22-8-1985 and it was postponed to 30-10-1985 for the evidence of the defendant. On 30-10-1985 the order sheet showed that the counsel for plaintiff was present but no one was present for the defendant. The Court therefore directed the case to be taken up at 1 P.M. At 1 P.M. again the situation remained the same as it is clear from the order sheet. It also shows that none of the witnesses for defendant was also present and therefore the Court passed the order: