CHAJJO RAM Vs. BANWARI LAL

JUDGEMENT

(1.) This petition has been filed against the order of the Sub-Judge Ist Class, Narnaul dated 27.09.1985 whereby he dismissed the application for restoration of the suit dismissed in default on 17.10.1979. As per the facts given in the order, the plaintiff Chhaju Ram fell ill on 16.10.1979 and could not attend Court on 17.10.1979 on which date the suit had been fixed for compromise. His counsel too did not attend to the Court proceedings as he had been busy in some other Court. The applicant thereafter contacted his counsel on 19.10.1979 and came to know that the suit had been dismissed in default. He thereafter filed an application for restoration on 25.10.1979. This application was ultimately dismissed vide order dated 27.09.1985 by the trial Court. An appeal thereafter was preferred before District Judge, Narnaul, which was dismissed as withdrawn on the statement of counsel for the petitioner as an appeal was not maintainable. The present revision petition has been filed thereafter.

(2.) I have heard Mr. M.L. Saini, Advocate for the petitioner and Mr. Hari Mittal, Advocate for the respondents.

(3.) The trial Court has rejected the explanation given by the petitioner with regard to his. sickness by stating that the Outdoor Patient Ticket Ex. A1, which had been furnished alongwith the application could not be taken into account as the same did not bear the father's name of the petitioner or his address. To my mind, this plea is untenable as the Outdoor Patient Ticket given by a hospital contains the patient's name only and not of his fattier or the patient's address. It is significant that the application for restoration had been filed within a week of the dismissal of the suit. This aspect should not have been ignored by the trial Court. The impugned order is accordingly set aside. It is directed that the suit be restored from the stage when it was dismissed in default. The parties are directed to appear before the trial Court on 22.05.2003. The Trial Court shall dispose of the matter in day to day proceedings, if possible as the same has been pending for the last 24 years. Copy of order be given dasti on payment.