VIJAY KUMAR NAGPAL Vs. PARVEEN KUMAR NAGPAL

JUDGEMENT

(1.) Present application has been filed by the applicant/plaintiff under Sec. 151 of Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC ') for recalling of order dated 28/10/2021 and consequently, to restore the suit to its original number as well as to restore the interim order dated 21/12/2020 passed by this Court.

(2.) It is averred in the present application that the present suit came up for hearing before this Court on 21/12/2020 and on the said date, summons were issued to defendant and an interim order was passed directing the parties to maintain status-quo as to the title and possession of the suit property and the matter was directed to be listed before learned Joint Registrar on 22/01/2021 for completion of pleadings and admission/denial of documents as well as before Court on 12.04.2021. On 22/01/2021 and 06.04.2021, the matter was listed before learned Joint Registrar which was attended to by the counsel for the plaintiff. Thereafter, the matter was listed before this Court on 12.04.2021 and the same was adjourned to 09/07/2021. In the mean time, counsel for the plaintiff had filed replication on 22/03/2021 vide filing No.306172.

(3.) Learned counsel for plaintiff submitted that on 09/07/2021 this Court was not functioning due to Covid-19 situation and the matter was adjourned to 26/08/2021 by en bloc date. It is further submitted that the learned counsel for plaintiff was under impression that on 26/08/2021, the present matter shall be adjourned by en bloc date to 12.10.2021 and had noted the said date in her court diary. However, the matter was taken up on 26/08/2021 through video conferencing and the same was adjourned to 28/10/2021. In fact the learned counsel for the plaintiff, on 12.04.2021, had orally informed this Court that no separate rejoinder is being filed to the reply filed by the defendant to I.A. No.12366/2020 and the replication filed by the plaintiff may be treated as rejoinder to the said reply as well. Thereafter, as per order dated 26/08/2021, the matter was directed to be listed on 28/10/2021 by this Court. However, as the counsel for the plaintiff had noted en bloc date 10/12/2021 given for all matters listed on 26/08/2021, therefore, she did not appear in the matter on 28/10/2021 due to wrong noting of the date. Learned counsel for the plaintiff further submitted that in fact, on the said date, i.e. 28/10/2021, she was appearing in District Court Gurugram, Haryana in another matter and, therefore, she was held-up there in the said matter till after-noon. True copies of the relevant pages of the court diary of the counsel for the plaintiff as well as true copy of order dated 28/10/2021 passed by learned ADJ District Court Gurugram, Haryana have already been filed before this Court.