MALKIT SINGH Vs. BALWINDER SINGH

JUDGEMENT

(1.) Petitioner herein is aggrieved against an order dtd. 11/2/2021 (Annexure P-9) passed by learned Additional District Judge, Ludhiana, vide which trial Court order dtd. 31/1/2017 (Annexure P-8) passed by Civil Judge (Junior Division), Ludhiana, has been upheld, resulting in dismissal of the civil suit instituted by the petitioner due to default in his counsel's appearance on 13/5/2011.

(2.) Learned counsel for the petitioner strenuously argues that default in appearance on the particular date was not at all intentional. In any case, the same took place due to an inadvertent mistake on the part of learned counsel for the plaintiff, as he had mixed up the noting of next date of the suit in question with another case.

(3.) Learned counsel further points out that the petitioner would be put to an irreparable financial loss, apart from being seriously prejudiced for not being able to pursue his remedy in case the civil suit is not restored. He submits that the civil suit was filed for seeking possession of the suit property as well as specific performance of agreement to sell whereby the defendant/respondents has already received a hefty sum of Rs.50.00 lacs as earnest money, as reflected from Annexure P-l.