DEEP CHAND Vs. VIITH ADDL. DISTRICT JUDGE

JUDGEMENT

(1.) THIS writ petition was earlier allowed by me on 5.10.2006 without hearing learned Counsel for the contesting respondent as he had not appeared on the said date. Afterwards rehearing application was filed which was allowed on 22.12.2006 and on the same date arguments on merits were also heard.

(2.) O .S. No. 2 of 1974 instituted by Udaiveer Singh respondent No. 3 for specific performance of agreement for sale against the petitioners was decreed ex parte on 14.3.1978 by IIIrd Additional Civil Judge, Agra. Restoration application filed on 26.5.1978 was dismissed on 21.4.1979 and the said order was maintained in Civil Revision No. 11 of 1980 which was dismissed by VIIth Additional District Judge, Agra on 20.7.1984 hence this writ petition.

(3.) FOR rejecting the restoration application the courts below took a very technical view. It was stated that one of the defendants, i.e., Sobran Singh was doing pairvi and as he fell ill hence he could not attend the Court on 14.3.1978. Even though medical certificate was filed however, trial court held that no medical certificate was filed. Revisional court noted this error in its judgment. In any case it is not necessary to file medical certificate in such matters. Supreme Court in Collector v. Katiji : (1987)ILLJ500SC , has held that in restoration matter too technical view shall not be taken.