VIJAY KUMAR Vs. MAN MOHAN AND ORS.

JUDGEMENT

(1.) BY this petition under Article 227 of Constitution of India, the petitioner has assailed an order dated 7th May, 2008 whereby the application of the petitioner under Section 151 CPC was dismissed.

(2.) THE grounds for assailing the order are that the trial court failed to appreciate that the petitioner and his family were illiterate and the petitioner himself was a man of unsound mind and his cases were being pursued by Smt. Bhagwani Devi (his mother), who died on 10th May, 1996 without informing about the pendency of the case. It is further submitted that the trial court failed to appreciate that the petitioner and Mr. Satish Kumar (another land holder), were minors in the year 1972 when Mr. Krishan Kumar was given General Power of Attorney to deal with the property and they were not capable of giving their consent. The trial court also failed to appreciate that file of the case was not consigned to record room on 18th February, 1994 and the trial court itself had doubt about the genuineness of the application regarding withdrawal of the suit.

(3.) ANOTHER application under Order IX Rule 9 CPC read with Section 151 CPC was filed by the present petitioner on 24th October, 2007 for revival of the application dismissed in default on 14th January, 2003. The trial court dismissed this application after giving the facts and reasons and noting that the earlier application was not pursued and no reasonable ground was given as to why the application under Order IX Rule 9 CPC read with Section 151 CPC was filed after about three years and nine months of dismissal of the application under Section 151 CPC. The trial court held that the application was barred by time and was not maintainable. The reasons for filing the application with such a delay was not cogent and dismissed the application vide impugned order.