SHYAM PRASAD Vs. MAYABAI

JUDGEMENT

(1.) THIS revision has been preferred againts the order dated 28. 4. 89 passed by X Addl. Judge to the Court of District Judge, Indore.

(2.) BRIFE facts of the case are that a petition Under Section 14 of the Hindu Marriage Act was pending in the Court and on the date of hearing the Court below passed an order of dismissal of the suit treating the plaintiff absent because on that date the plaintiff/applicant was not present when the case was taken up for hearing. The plaintiff/applicant was present and she moved an applicant on for restoration of the dismissal order on the next date alongwith an affidavit that she was present alongwith her Counsel and five witnesses. The fact is that there was strike on that date and she was present all along. She requested the Court for time to call her Counsel. The Court waited for the plaintiff's lawyer till 2. 60 P. M. The Court, therefore, directed that the case will be taken up at 2. 45 P. M. and oral instructions were given that the parties should be present alongwith their Counsel at 2. 45. Her Counsel was not present at that time. Case was taken after 3. 45 again but she walked out of the Court room. Court waited till 4. 15 and when she did not turn up nor her Counsel arrived, the Court passed an order for dismissal of the suit for non appearance.

(3.) THE Court's order dated 28. 4. 89 shows that the Court waited for the lawyers till 3. 45 P. M. and the petitioner also went out of the Court. Again the Court waited till 4. 15 P. M. The party and her Counsel both were absent and consequently, the Court passed an order that case is dismissed for non prosecution. An application for setting aside the dismissal order was moved next day and after hearing the parties the learned Judge passed an order for restoration. The defendant has preferred the present revision against the said order of restoration of dismissal order passed by the Court below.