CANARA BANK Vs. A ANAND

JUDGEMENT

(1.) I have heard the petitioner's learned Advocate. He is a young Advocate and he states that the original execution petition was dismissed by the lower Court because of default of appearance.- The reason given by him is that on 4-12-1992, he was absent because he had been away from Bangalore in connection with his wedding. The wedding took place on 26-11-1992. According to him, the absence on all the earlier dates was because of ceremonies and customs to be performed at his native place and his absence on 4-12-1992 was because of ceremonies and customs to be performed after the wedding. He states that he had requested a colleague to look after the matter and this colleague did not do so which was why the matter got dismissed. The matter is not as simple as sought to be made out because the order sheet shows that in the first instance the decree was 12 years old when presented. Thereafter, the execution proceedings went on for 2 years more and finally after several warnings, due to non-compliance on the part of the learned Advocate, the Court had no option except to dismiss the petition. This speaks of the very poor manner in which it was handled and in his own interest I have requested the learned Advocate to take his work very seriously in future. Such laxity is totally intolerable.

(2.) There after the learned Advocate states that he made an application to the Court to restore the matter. A copy of the application is not produced. The Court is supposed to have passed some order on it rejecting the application for restoration. We do not know what order was passed and on what date, as the order in question is not produced. The learned Advocate does not have the copy of the order with him. Though I am sympathetic to the learned Advocate only because of the fact that he is a Junior Advocate and because of the fact that he is supposed to have been absent at the time when his marriage ceremony took place, it is still impossible for this Court to pass any appropriate orders on the present petition. It is also not possible at this late stage for a fresh civil revision petition to be filed as it would be time barred. As a special case and purely in the interest of doing a good turn to the learned Advocate, I am willing to permit him to amend the present petition and to add on a prayer clause in the present proceeding asking for setting aside of the order passed on the miscellaneous application for restoration. For this however, normally an interim application would have been necessary but the Court can also grant the amendment on the basis of a oral submission which I am doing in the special circumstances of this case. Despite the defective state of the record, I have permitted the learned Advocate to amend the prayer clause and put in an omnibus prayer which would suffice.

(3.) Having regard to the exceptional circumstances of this case, the orders passed by the Trial Court dismissing the execution application and the subsequent orders refusing to restore it are set aside. The execution application is restored. The learned Advocate is directed to appear before the Trial Court on 28-10-1996 when the execution application will be placed before the Court for further orders. It is made very clear to him however that if there is any further default on his part, that the Trial Court will be justified in forthwith dismissing the execution application.