HARISH CHANDRA BATRA Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioner -defendant against an order passed by II Civil Judge Class I, Jabalpur in Civil Suit No. 79 -B of 1979 dated 17 -6 -1982, restoring the suit of the non -applicant dismissed in default.

(2.) THE suit was fixed for evidence on 17 -6 -1982. The order -sheet of that day states that neither the plaintiff nor anyone on behalf of the plaintiff was present. The defendant with Shri A. K. Jain, Advocate was present. It is further observed that the plaintiff or the plaintiff s counsel was not present. The Court waited and called the plaintiff from if O'clock till 3.45 P.M. It is further stated that the evidence of the plaintiff is to start but as nobody is present for the plaintiff the suit is dismissed in default and also for want of evidence. It was further directed that the defendant will be entitled to costs of the suit. On the same day, there is another order -sheet at 4 P. M. which states that Shri Trivedi, Advocate appeared and prayed that on account of rains, he was detained in the High Court and could not come to the lower Courts and the learned Judge further observed that this is a sufficient ground for absence at 3.45 P. M. and as it pertains to the personal difficulty of the learned counsel, the order of dismissal is set aside and the case was fixed for evidence on 28 -7 -1982.

(3.) LEARNED counsel for the non -applicant, on the other hand, contended that immediately after the order of dismissal was passed, the counsel for the plaintiff appeared and brought to the notice of the Court the circumstances under which it became impossible for him to reach the Court and the learned Judge having accepted this carne to the conclusion that this was a sufficient cause and restored the suit. Therefore, it could not be said that the Court below committed any error,