MOHD BIN SALEH YAFAYEE Vs. SYED HUSSAMUDDIN MAGRABI

JUDGEMENT

(1.) This revision is directed against the order of the learned Additional Chief Judge, City Small Causes Court, Hyderabad, in LA. No. 1424 of 19/5, dated 6th December, 1977.

(2.) On 4th October, 1975, when the suit S. C. No 1042 of 1974 was called neither the counsel Sri Mohd. Waheeduddin nor the plaintiff was present. The trial Court dismissed the suit for d fault. Thereafter an application I. A. No. 1424 of 1975 was filed under Order 9, rule 9, Civil Procedure Code, for setting aside the order of the Court dismissing the suit for default. In the said petition it was stated that the plaintiff was bed-ridden and was not in a position to attend the Court and his advocate was engaged in a civil suit in some other Court and therefore he could not attend the Court when the suit was called.

(3.) The Court below did not consider the application on merits, but however dismissed it on the ground that Md. Waheeduddin. has no locus standi to represent the plaintiff in any subsequent proceeding, including an application to set aside the order of dismissal for default, inasmuch as the vakalat given by the plaintiff ceases to be in effect, after dismissal of the suit for default. In support of this view the Court below relied upon two decisions in Pavoorrayil Mamu (alias) Muhammad v. Kunhimon (alias) Muhammad and Hyderabad Import Export Co. Secunderabad v. The United Trading Co. Bhagathkot. Jodhpur. It is this order that is now challenged in this revision.