PUNJAB NATIONAL BANK Vs. HARISH SHARMA

JUDGEMENT

(1.) These are two applications made by the plaintiff one under Order 9, Rules 4 and 9 read with Section 151, CPC and another under Section 5 of the Limitation Act.

(2.) This is a suit filed by the plaintiff bank for recovery of sum of Rs. 8,63,739.20 which was filed way back in the year 1994 but was dismissed in default on 23-7-1998 when it was at the stage of framing of issues. Since neither any representative of the plaintiff nor the counsel for the plaintiff appeared on that date therefore it resulted in dismissal for default.

(3.) It is averred in the application that this suit was filed through Ms. Vrinda Dhar, one of the Panel Advocates of the plaintiff bank. She had to go out of country in June, 1997 and had entrusted the matter to Mr. N.M. Popli, Advocate, who probably was her associate. Mr. Popli had appeared twice in the matter on 15th July, 1997 and 12th December, 1997 and sought adjournment on the ground that counsel for the plaintiff was away from India. However, he did not appear on 13th July, 1998, the adjourned date, as such the Court had ordered issuance of notice to the plaintiff bank Vikaspuri Branch and also ordered for issuance of letter of request to Mr. A. S. Chandhiok, Advocate, requesting him to appear in the matter on 23rd July, 1998. Mr. Chandhiok, as stated in the application, did not appear he being not the Standing Counsel for the plaintiff bank. As regards non-appearance of the representative of the plaintiff bank on that date it is stated in the application that this case in fact related to Connaught Circus branch and not to Vikas Puri Branch and since the Court notice was issued to Vikas Puri Branch, therefore, Connaught Circus Branch was not aware of issuance of such Court Notice. It is further stated in the application that the plaintiff bank came to know about the dismissal of the suit in the third week of August, 1998 when Mr. N. M. Popli apprised the plaintiff bank about such dismissal. Having learnt about the fate of the case, the plaintiff bank immediately engaged Mr. K. K. Sharma, Advocate to take necessary steps for restoration of the case. Mr. Sharma inspected the judicial file on 29th August, 1998. However, the present application was made on 2nd December, 2001.