SANTOKH SINGH Vs. KISHAN SINGH

JUDGEMENT

(1.) The order of mine dispose of Civil Miscellaneous Application No. 230-CII of 1988 as well as the Revision petition

(2.) The petitioner brought a suit on the basis of an agreement, dated 15.1.1977 in the year 1980. The petitioner did produce any evidence for about two years in spite of taking numerous adjournments, when the case was adjourned to 24.3.1981 for producing the attesting witnesses of the agreement. On that date, none appeared and the suit was dismissed in default under Order 9, rule 3 Civil Procedure Code.

(3.) The petitioner applied to the trial Court for setting aside the order of dismissal of the suit in default inter alia contending that he went to village Alampur on 22.3.1982 in search of Mehnga Singh, an attesting witness of the agreement and remained in the village for two days, as a consequence of which he could not attend the Court on 24.3.1982. It was further stated that since his counsel was busy in some other Court, thus his absence as well as the absence of the counsel were not intentional and there was a sufficient cause for restoration of the suit.