LAWS(ORI)-1982-9-11

CHAKRADHAR CHOUDHURY Vs. PADMALAV DAS

Decided On September 25, 1982
CHAKRADHAR CHOUDHURY Appellant
V/S
PADMALAV DAS Respondents

JUDGEMENT

(1.) This is an application in revision against an order passed by the learned Subordinate Judge. Jaipur, rejecting the petitioner's application under Section 151 of the C. P. C. for restoration of Miscellaneous Case No. 51 of 1980.

(2.) The petitioner has alleged that he could not be ready for hearing on 5-21981 when Miscellaneous Case No. 51 of 1980 was called on as he was suffering from high blood pressure. The plaintiff opposite party No. 1 refuted the allegation of illness of the petitioner.

(3.) In support of his illness, the petitioner examined two other witnesses to corroborate his version and proved the entry in the Out-door Patients' Register maintained at the Puri Headquarters Hospital. One Dinabandhu Sahu has been examined as P. W. 1. He proved that on 2-2-1981 the petitioner was examined as an out-door patient by Dr. Dhal. The evidence of the petitioner examined as P. W. 2 has also been corroborated by the evidence of P. W. 3. No evidence was adduced by the plain tiff-opposite party No. 1. The learned Subordinate Judge disbelieved the cause shown for non-appearance holding that it was not proved by the petitioner that he had become immobile which pre vented him from attending the court on the date of hearing and in the absence of any evidence with regard to the exact physical and mental condition of the petitioner on 5-21981, he could not be said to have sufficient cause for non-appearance.