PARAMJIT SINGH Vs. RAJESH KUMAR

JUDGEMENT

(1.) This appeal has been preferred against the order dated 27th August, 2002 passed by the learned Trial Court whereby the complaint of the complainant was dismissed in default.

(2.) It is submitted by the complainant that the date of previous hearing in the case was 15th July, 2002. On 15th July, 2002 the case was fixed for 6th September, 2002 as per knowledge of the appellant. On 6th September, 2002 the appellant went to the court and found that the case was not in the cause list. On enquires, he came to know that the case was dismissed in default on 27th August, 2002. It is submitted by the appellant that the order sheet of 27th August, 2002 showed that on that date neither the appellant nor anyone from the accused side appeared and it appears that the accused also noted the next date of hearing as 6th September, 2002. It was possible that the appellant as well as his counsel inadvertently heard the date as 6th September, 2002 instead of 27th August, 2002. It is stated that non-appearance of the appellant was not intentional or deliberate and it was due to misunderstanding.

(3.) I find that the appellant has sufficiently explained the non-appearance on 27th August, 2002 when the complainant of the appellant was dismissed by the Trial Court.