V BHAGAT Vs. USHA BHAGAT

JUDGEMENT

(1.) The petitioner in this petition is Shri V. Bhagat, Advocate. He was the plaintiff in his Suit which was instituted in the Court of District Judge, Delhi on 2nd January, 1986. Miss Usha Bhagat, the defendant is his sister. The office of the District Judge fixed the case before the District Judge on 6th January, 1986 but the petitioner/plaintiff as per the averments, noted the date as 8th January, 1986. The case was marked to the Court of Shri S M. Aggarwal, A D J. by the District Judge. On the same day, Shri S. M. Aggarwal directed his office to check up the case and report for tomorrow. On 7th January, 1986, however, none appeared for the plaintiff and the case was ordered to be relisted on 8th January, 1986. The order of the said date reads as under :

(2.) The petitioner has alleged that he has mainly confined his work in the Supreme Court and was not familiar with the procedure of the District Court. However, on 8th January, 1986, when he perused the cause list of the District Judge, he did not find his case and thereafter requested one of his colleagues to find out the fate of his Suit. Shri Jugal Kishore Seth, Advocate, followed the matter and ultimately came to know that the Suit has since been dismissed for non-prosecution of the order of Shri S. M. Aggarwal on 8th January, 1986. He immediately informed the petitioner/plaintiff and without listing any further time,oved an application under order IX Rule 4 C. P. C. for the restoration of their Suit on 10th January, 1986. It is further alleged that without hearing the Counsel for the plaintiff, the learned lower Court ordered the issuance of notice to the defendant for 17th February, 1986 which was duly serviced. On the adjourned hearing, the learned lower without having any reply or opposition from the defendant framed the issues reading as under :-

(3.) The case was fixed for the evidence of the plaintiff on 10th April, 1986. It is against these orders that the present petition has been filed praying for the setting aside of the orders and restoring the Suit to its original number and for issuing the directions to the lower Court for deciding the Suit on merits.