RAM SINGH Vs. BALBIR SINGH

JUDGEMENT

(1.) The suit of the petitioner for pre-emption was decreed which was impugned by the respondents in appeal before the District Judge. The learned Additional District Judge remanded the matter to the trial Court for fresh decision on merits keeping in view the directions issued by the appellate Court. The appellate Court gave a date to the parties to appear before the trial Court and the parties were to be informed by their respective counsel.

(2.) The counsel for the petitioner is alleged to have written a post-card to him to appear before the trial Court, but since he did not receive it he did not appear and the trial Court without giving one more opportunity dismissed the suit in default. When the petitioner got another registered letter from his counsel he filed an application for restoration of the suit. That application was dismissed and an appeal against the order also stood dismissed. This is the revision.

(3.) The appellate Court had clearly mentioned that the parties through their counsel are directed to appear before the trial Court on the date fixed by it. In such a situation and particularly keeping in view the fact that the petitioner's suit was decreed by the trial Court, in the first instance the trial Court should not have been in such a great haste in dismissing the suit in default. It could have given notice to the counsel of the delay in the suit would not have arisen. On peculiar facts of this case the interest of justice demands that the suit should have been restored.