INDERMANI Vs. MATHESHWARI PRASAD

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave arises from a judgment of the learned Single Judge of the Allahabad High court dated 22/12/1995 in Civil Miscellaneous Writ Petition No. 7013 of 1980. By the said judgment the learned Single Judge has allowed the writ petition filed by the first respondent ex parte. On 22/12/1995, the learned advocate for the appellants had made an application supported by affidavit dated 22/12/1995 asking for an adjournment for reasons stated in the affidavit. This application was not granted. The learned advocate thereafter did not appear in the case and the impugned judgment has been passed ex parte. In view of certain averments made in the special leave petition relating to what transpired in the court of the learned Single Judge on 19-12-1995, 21/12/1995 and 22/12/1995 we directed the Registrar of the Allahabad High court to place before us a status report in this behalf so that we could appreciate and deal with the averments. The Registrar of the Allahabad High court has filed an affidavit before us along with the daily cause-lists for 19-12-1995, 21/12/1995 and 22/12/1995 as also the order-sheets relating to the said writ petition,

(3.) On 19-12-1995 the writ petition was listed before Hon'ble Mr Justice A. P. Singh in court No. 28. The order passed by him on 19-12-1995 is to the effect that an illness slip has been received from counsel for the appellants (respondents before the High court) although there are other counsel also listed as representing the appellants. It goes on to say: "the case is passed over but as requested by the learned counsel for the petitioners, it will be taken up on 21/12/1995 on which date it shall not be adjourned on any ground. The learned counsel for the petitioners may inform the learned counsel for the respondents that the case will be taken up on 21/12/1995. "