FAEEL AHMED Vs. ISLAM AHMED

JUDGEMENT

(1.) The present petition under Article 227 of the Constitution of India has been filed by the petitioner against the order dated 30.3.2009 passed by the Trial Court, wherein application to lead additional evidence has been dismissed.

(2.) The brief facts of this petition are that the respondent instituted a suit for possession and declaration against the petitioners. The petitioners engaged Mr. Mushahid Ali, Advocate to contest their above stated suit, wherein the written statement was also filed on behalf of the petitioners. Petitioners counsel took them in confidence that since it is a civil matter therefore, it is not essential for them to appear on each and every date of hearing and whenever their presence in the court will be required, he will inform the petitioners.

(3.) The petitioners advocate Mr. Mushahid Ali did not inform the petitioners for some time and himself remained unavailable. Later on [C.M. (M) No. 1274/2009) Page 2 of 3