DILBAGH SINGH Vs. HARJIT SINGH

JUDGEMENT

(1.) The Petitioner has invoked the provisions of Article 227 of the Constitution of India for setting aside the order dated 12.03.2009 (Annexure P1) passed by the trial court dismissing the suit of the Petitioner- Plaintiff under Order 10 Rule 4 Code of Civil Procedure.

(2.) At the very outset, learned Counsel for the Petitioner has submitted that the suit could not be dismissed for his non-appearance and the Petitioner- Plaintiff could also show his lawful explanation for his nonappearance. At the same time, the court was also to record its satisfaction that some questions could not be replied by the counsel, then the party could be asked to appear and if the party had answered, the controversy could be resolved. In this regard, it was further urged that the counsel for the Plaintiff never expressed his unwillingness to answer the questions which the court wanted to elicit, therefore, the suit could not be dismissed. He has referred to the judgment delivered in case M/s Ron Son Export House Pvt. Ltd. and Anr. v. The New Bank of India Ltd., 1989 AIR(P&H) 287 wherein it was observed as under:

(3.) It was also observed in case Shri Saraswati Spinning Mills, Bhiwani v.Gheru Lal Bal Chand, Abohar,1981 2 AIR(P&H) 299 as under: