JASWINDER KAUR Vs. JATINDER PAL SINGH

JUDGEMENT

(1.) This is application under Order XLI, Rule 19read with Section 151 of the Code of Civil Procedure for setting aside the order dated February 10,1992 passed by the learned Predecessor of this Court whereby the revision petition was dismissed. The application is supported by an affidavit.

(2.) The facts which gave rise to the presentation of the present application are as under: that the present case was enlisted forbearing on February 10,1992. The name of the Counsel for the petitioner was not shown in the cause list of the said date. However, Shri Ashok Kashyap, Counsel for the petitioner/applicant and Shri Raminder Pal Singh, one of the applicants, were present in the High Court on the said date. Shri Ashok Kashyap, Counsel for the petitioner, was on his legs before Hon'ble Mr. Justice Arun Kumar when the case was called out. Shri Raminder Pal 157 Singh who was present in the Court requested some other Counsel to request the Court for a pass over. Later on, when Shri Ashok Kashyap came to the Court at 12.20 p.m. he found that the revision petition had already been dismissed in default by the Court. Thus, the absence of Shri Ashok Kashyap was not intentional but due to the fact that he was busy before another Bench. It has thus been prayed that the above order be set aside the petition be restored to its original number.

(3.) The respondent have resisted the case of the applicants, inter alia, on the following grounds: that the petitioners got the revision petition dismissed intentionally with ulterior motives. The dismissal of the petition led to the vacation of the stay order dated February 11,1992asa corollar ywhere of the petitioner No. 5 was in a position to induct his brother Shri Prithipal Singh as a tenant in the portion vacated by Smt. Avtar Kaur on a monthly rent of Rs. 250.00. The aforesaid transaction is sham and bogus one entered into with the sole purpose of delaying the disposal of the suit. The petitioners/applicants have not approached this Court with clean hands and thus this application is liable to be dismissed. The application is false and frivolous. It is liable to be dismissed.