VENKATESH Vs. SAMRUDDHA BUILDERS AND DEVELOPERS AND ORS.

JUDGEMENT

(1.) Heard the learned Counsel for the appellant.

(2.) Having regard to the law laid down and reiterated from time to time by this Court to the effect that a complaint ought not to be dismissed for default if the presence of the complainant was not necessary or warranted, the Court ought not to have mechanically dismissed the complaint for default. In the present case on hand, the writing in the order sheet not being legible and clear, the statement of the Counsel that there was nothing to be done by the complainant by being present in Court and that the only requirement was furnishing of process which was also complied with and the service of summons was to be reported to the Court by the police, which was awaited and hence, there was no requirement of the presence of the complainant before the Court on the said day and therefore, the dismissal of the complaint for default results in a miscarriage of justice. The contention is to be accepted.