ANAND PRAKASH GUPTA Vs. VIDYA PRAKASH GUPTA

JUDGEMENT

(1.) This order will govern the disposal of IAs No. 2469/94, 2491/94, 2468/94 & 8262/94.

(2.) IA 2469/94 was filed by Brij Mohan Jain, intervener under Section 151, Code of Civil Procedure alleging that he had filed IA 24/89 sometime in December, 1988. After filing the reply to IA 24/89 by the plaintiff, the Court directed both the intervener/applicant and the plaintiff to file their respective affidavits by way of evidence which were filed. Aforesaid IA on 14th May, 1993 was adjourned to 10th August, 1993 for arguments. However, on 10th August, 1993, the case was simply renotified for 3.11.1993 by the Court Master. When the case was not found listed on 3.11.1993, on enquiry from the Dealing Assistant in the Registry, it was revealed that the case was postponed to 1.3.1994. However, on 1.3.1994 only S. No. 453/67 was shown in the list. It is further alleged that the Counsel for the applicant immediately on the morning of 1.3.1994 saw the Court file and then he came to know that the aforesaid IA was listed for 4.11.1993 and as none put in appearance on behalf of the applicant, the same was dismissed in default. Applicant and his Counsel always remained under the impression that the aforesaid IA was adjourned to 1.3.1994 for arguments. It is also alleged that even on 4.11.1993, the case was not shown in the regular list. It might have been shown in the supplementary list which was not circulated to the Counsel for the applicant. There was thus sufficient cause for non-appearance of the applicant and his Counsel on 4.11.1993. It was prayed that the order dated 4.11.1993 may be recalled and IA 24/89 be listed for arguments.

(3.) IA 2470/94 was filed under Section 5 of the Limitation Act for condonation of delay in filing aforesaid IA No. 2469/94.