PANKAJ KUMAR Vs. HARI SINGH AND 6 OTHERS

JUDGEMENT

(1.) Heard Sri Pradeep Kumar Rai for the petitioner.

(2.) This petition has been filed for setting aside the orders of Civil Judge (Junior Division) dated 23.10.2013 and Additional District Judge dated 5.3.2016. By the impugned orders the order dated 14.3.2008 dismissing the application under Order 9, Rule 13 C.P.C. in default, has been recalled and the application was restored to its original number and revision filed by the petitioner has been dismissed.

(3.) In the application for recalling the order as well as in the affidavit filed in support of this, it has been stated that on behalf of applicant, one Jaipal used to do pairvi before the court below. Jaipal fell ill in Sept. 2007 and was suffering from Hernia as well as Synes due to which no one could appear before the court below and Misc. Case under Order 9, Rule 13 C.P.C. was dismissed in default on 14.3.2008. The application for recall of the aforesaid order was filed on 10.4.2008 which was well within the time. The petitioner has denied the allegation that pairokar was fallen ill and has stated that medical certificate was issued on the pad of Dr. Trilok Chandra Maheshwari although he was dead on the date of issuing the medical certificate. Thus for the purposes of filing the recall application a forged certificate has been procured and false affidavit has been filed. Rejoinder affidavit to the counter affidavit of the petitioner has been filed. In the rejoinder affidavit it has been stated that after death of Dr. Trilok Chandra Maheshwari, his son Dr. Manoj is doing medical practise and he had issued the medical certificate on the pad of Dr. Trilok Chandra Maheshwari. Thus it was the mistake committed by the doctor and not on behalf of the applicant. The court below believed the allegation of the applicant and recalled the order dated 14.3.2008 on the cost of Rs. 800.00 and revision filed by the petitioner has also been dismissed.