AMARJIT KAUR Vs. UJAGAR SINGH

JUDGEMENT

(1.) THIS civil revision has been directed against orders dated March 2, 1983 passed by learned Additional Senior Sub-Judge, Dasuya, and dated February 10, 1984 passed by Additional District Judge, Hoshiarpur, whereby the application filed by the petitioner for restoration of her suit which was dismissed and the appeal preferred by her against that order was dismissed.

(2.) TWO suits, i.e. Suit No. 228 of 1979 titled Amarjit Kaur v. Ujagar Singh and others and No. 204 of 1980 titled Ujagar Singh v. Amarjit Kaur, were filed inter-se the parties and were clubbed together. Both the civil suits were fixed for hearing on 8.3.1982. It seems that on that date when the case was called, neither the attorney of the petitioner-plaintiff (Amarjit Kaur), namely, Pargat Singh, nor her counsel, Shri Darshan Singh, Advocate, appeared in the afore-mentioned suit which was dismissed in default. The petitioner had also engaged another counsel from Jalandhar who reached the Court at 3.00 P.M. only and having found that the civil suit filed by the petitioner had already been dismissed in default, moved an application for restoration thereof on the same day i.e. 8.3.1982. The restoration of the suit was prayed for, inter- alia, on the grounds that :-

(3.) THE learned trial Court consequently framed the issues including the one as to whether there was sufficient ground for setting aside the order of dismissal of the suit on March 8, 1982 or not ? In support of the above mentioned issue, the petitioner examined two witnesses, namely, Pargat Singh as AW-1 and Dr. Santokh Singh as AW-2 and also tendered in evidence the medical certificate, Exhibit AW-2/A. No evidence was, however, led by the defendant-respondents.