MADAN LAL Vs. LATE SH BINDRABAN HANDA

JUDGEMENT

(1.) Petitioner, a 75-year-old retired Government servant filed Suit No. 88/77 for possession of 650 sq. yards of land under Khasra No. 65/1 at Mauja Seelampur, Gandhi Nagar, Delhi, some defendants had filed the written statement and some had not and suit was posted on 11.4.1978 for this. According to petitioner he reached the Court late on that day because his bus broke down on the way and his suit was dismissed in default. He applied for its restoration on the same day and summons were issued on his application. All but respondent N. 4 were served on this application and meanwhile he fractured his leg on 13.12.1980 and remained confined to bed. He deputed his son to attend the proceedings on the next along with a medical certificate but the Court imposed costs of Rs. 70.00 for his absence and adjourned the case to 26.8.1981. His son appeared in the Court on this date but was told that Presiding Officer would sit in the afternoon. He allegedly handed over the cost amount to his Counsel and rushed to Ghaziabad for some urgent work. Meanwhile his Counsel Mr. D.R. Singh, Advocate got busy in some other Court and could not appear in time resulting in dismissal of petitioner's restoration application vide order dated 26.8.1981. He, therefore, filed a review petition which also met the same fate. Now he has filed this petition under Article 227 to setting aside the impugned order.

(2.) Some respondents have filed reply to mis petition taking expected pleas that petitioner had failed to pay the cost deliberately and had not shown any sufficient cause for his absence on 11.4.1978 or for slackness in prosecuting his restoration application.

(3.) Trial Court had primarily dismissed petitioner's application stating that he had failed to pay process fee and as a result defendants could not be served for three years in his restoration application and had also failed to deposit Rs. 70.00