BAWA JAGJIT SINGH Vs. ACHHAR SINGH

JUDGEMENT

(1.) In view of the averments made in the application supported with an affidavit, the delay in filing the civil revision petition is condoned. C.R. 1508189 & CM. 4826/89

(2.) This revision petition is directed against the order dated 20.7.1989 passed by Sh. M.S. Rohilla, Sub-Judge First Class, Delhi whereby he has dismissed the application filed on behalf of the petitioner herein under Order 9, Rule7r/w Section 151 of the Code of Civil Procedure seeking restoration of the application under Order 9 Rules 7 & 13 dated 20.5.1986.

(3.) The petitioner had filed objections to the award dated 23.12.1981 before the trial Court. The Court had posted that case for filing rejoinder to the reply filed by the petitioner to the objection petition, to 8.5.1986. Unfortunately, according to the learned Counsel for the petitioner, he noted down the next date as 9.5.1986 instead of 8.5.1986 in his diary, 9th May, 1986 was declared as public holiday and consequently Counsel for the petitioner attended the Court on 10.5.1986. On that date he came to known that the suit had already been decreed making the award a rule of the Court and the objection petition dismissed on 8.5.1986.