BAHADUR PRADHANI Vs. GOPAL PATEL

JUDGEMENT

(1.) DEFENDANT is the petitioner. The facts leading to the Civil Revision may be stated in a narrow compass. Money suit No. 28 of 1961 in the Court of the subordinate Judge of Bolangir was filed on 1st August, 1961 with deficit court-fee. Time was granted to pay the deficit court-fee till 24th August 1961 in the first instance and then again till 12th September 1961. On the latter date the Court passed orders to the effect-"deficit court-fee not filed nor any requisites filed. Plaintiff is absent on repeated calls. No steps taken by him. His pleader is also not present. . Plaint is rejected for non-payment of deficit court-fee. " just a day after on 13th September 1961 the pleader for the plaintiff filed a petition for restoration of the suit under Section 151 C. P. C. The pleader Sri sidheswar Sai himself filed an affidavit solemnly affirming that though he himself took the adjourned date for 12th September 1961, due to inadvertence he entered the date in his diary for 14th September 1961. As the mistake was purely of his own, he could not take steps on 12-9-1961 and that for the ends of justice the suit should be restored to file and that the party who had paid money to the lawyer to take steps would be highly prejudiced if the suit was not restored. This application was registered as Misc. Case No. 57 of 1961. The plaintiff filed court-fee of Rs. 194/-on 11-11-1961. The application under Section 151, C. P. C. was allowed and the suit was restored to file by an order dated 21st November 1961.

(2.) THE defendant challenges this order dated 21-11- 1961 restoring the suit. His case is that after service of notice In the suit, he appeared on 11th January 1961 and on inspection of the record came to know the afore said state of affairs. After taking a copy of the order he has filed this Civil Revision.

(3.) BY an order dated 3-5-1962 this court admitted the Civil Revision directing that the question of limitation would be taken up at the time of hearing. Mr. Misra concedes that no question of limitation arises as the Civil Revision has been filed within 90 days from the date of the knowledge of the defendant of the restoration order.