PHUL CHAND RANILIA Vs. BALLABHADAS AGARWAL

JUDGEMENT

(1.) This is an application for setting aside of the order dated 12th April, 1972, dismissing this suit for default of appearance of the plaintiff.

(2.) In support of this application reliance was placed on an affidavit affirmed by the Solicitor's clerk who has said in his affidavit that on the 11th April, 1972, he went through the peremptory list of 12th April, kept in Board-maker's department and failed to "notice" this suit and then on the 12th he again went through the peremptory list but failed to "mark" this suit in that list with the result he did not inform his master that this suit was going to be heard on that day.

(3.) The petitioner has said in the petition that he was regularly attending the solicitor's office on and from the 17th November, 1971, and the learned counsel who was briefed in this matter on the 27th November, 1971, came to know from the solicitor on the 17th April, that this suit was dismissed on the 12th April, 1972.