BIJOY SAHA Vs. MOTILAL SARKAR AND ORS.

JUDGEMENT

(1.) NOTICES were issued to the respondents who have not put in appearance and, therefore, the petition is decided in their absence.

(2.) THE petitioner is aggrieved by the order dated 12th March, 2015 whereby the learned Court has refused to set aside the order dated 3rd February, 2015 proceeding ex -parte against the petitioner -defendant No. 2.

(3.) IT is not disputed that the case was listed on 17th January, 2015. According to the Court file the case was adjourned to 03.02.2015 but according to the learned counsel for the petitioner, in the diary of the counsel the next date was wrongly noted as 19th February, 2015. On 19th February, 2015 when inquiry was made in the Court, it was found that the case has been adjourned to 12th March, 2015 and therefore, application was submitted on the next date for vacating the ex -parte stay order. The diary has been produced before me and it fully supports the case of the petitioner and the diary clearly shows that after 17th January, 2015 the case was entered into the diary only on 19th February, 2015 and there is no entry of the said case on 3rd February, 2015. Therefore, there is a mistake or error on the part of the counsel or his clerk in recording the date and the party cannot be penalized for such error.