ALPINE INDUSTRIES Vs. UNION OF INDIA

JUDGEMENT

(1.) This civil revision under Section 115 of the Code of Civil Procedure is directed against the order of the Sub-Judge, 1st Class, Delhi dated 18th August 1987 whereby the application filed by the petitioner under Order 18 Rule 17-A read with Section 151 of the Code of Civil Procedure was dismissed.

(2.) The respondents who are the original plaintiffs filed a suit for possession and mean profits against the petitioner in the court of Senior Sub- Judge, Delhi being suit No. 522/82. After the evidence of the plaintiff was closed the case was listed for the evidence of the defendant i.e. the petitioner berein on 13-3-1987, however since there was some talk for compromise, the case was adjourned for 3-4-1987. On that date the compromise was to be recorded in court, however the compromise talks failed, the case was again listed for defendant's evidence on 14.5.197. On that date, defendant's evidence could not be recorded because the counsel for the defendant was not available. The trial court, therefore, fixed 13.7 1987 and gave last opportunity to the defendant to conclude his evidence. On 13.7.1987 neither the defendant nor his counsel appeared. The trial court, therefore, closed the evidence. Thertafter, the application under Order 18 Rule 17A read with Sec. 151 of the Code of Civil Procedure was filed on which the impugned order was passed.

(3.) It was contended by the learned counsel for the petitioner that the petitioner could not remain present on 13th July 1987 because he was held up at Balaji where he had gone with his family on a visit and the lapse on the part.of the petitioner was bona fide and unavoidable and he had no intention of delaying the proceedings in any manner. When the petitioner came back from Balaji he came to know that the evidence had been closed and he, therefore, moved the application under Order 18 Rule 17A read with Sec. 151 of the Code of Civil Procedure.