MOHINDER KAUR Vs. SUKHCHARAN SINGH AND ANR

JUDGEMENT

(1.) Mohinder Kaur has filed the instant revision petition under Article 227 of the Constitution of India impugning order dated 28.05.2010 (Annexure P-2) passed by learned Additional District Judge (Fast Track Court), Ambala, thereby restoring the first appeal preferred by respondents herein, which had earlier been dismissed in default.

(2.) This Court, vide order dated 07.10.2002 (Annexure P-1), decided R. S. A. No. 2649 of 1995 and set aside judgment and decree of the first appellate court and remanded the first appeal to first appellate court for fresh decision on merits. This Court directed the counsel for the parties to appear before the first appellate court on 29.10.2002. However, none appeared for the appellants (respondents herein) in the first appellate court on 29.10.2002 and the first appeal was accordingly dismissed in default. Respondents herein moved application for restoration of the appeal alleging that they were abroad and they could not contact their counsel and therefore, they were not aware that they had to appear before the first appellate court on 29.10.2002. The said application has been allowed by first appellate court vide impugned order Annexure P-2.

(3.) I have heard learned Counsel for the petitioner and perused the case file.