HARKISHAN LAL Vs. RAVINDER SINGH

JUDGEMENT

(1.) Prayer made in this application for placing on record accompanying Civil Misc. Application and Annexures A/1 and A/2 and further for dispensing with filing of certified copies of Annexures A/1 and A/2 is allowed.

(2.) THE present application has been filed by the petitioner to recall and modify the order dated 23.3.2012 and to permit the petitioner to pursue the present revision petition on merits and to set aside the order impugned in the revision petition after permitting the petitioner to deposit the court fee and pursue his appeal for decision on merits before the Additional District Judge, Jalandhar against the judgment and decree dated 10.1.2008.

(3.) THEREAFTER , Civil Misc. Application No. 10024 -CII of 2011 was filed under Section 151 C.P.C. on 9.3.2011 for modifying the order dated 31.1.2011 which was supported by an affidavit of the present petitioner. The office returned the said application on the ground that the affidavit should be got attested and the affidavit was attested on 8.4.2011 by the Notary, Chandigarh and the application was refiled on the said date. It transpires that on 8.4.2011 the petitioner -applicant was in custody and could not have got attested the affidavit as is clear from the custody certificate (Annexure P/5) which has been appended by the petitioner himself while filing Civil Misc. Applications No. 1681 - 83 of 2012 for placing the said documents on record which were for the purpose of extension of time at a subsequent point of time. The said custody certificate shows that the petitioner was in custody from 21.3.2011 to 31.12.2011 on account of being convicted under Section 138 of the Negotiable Instruments Act, 1881 for one year. This Court being unaware of the illegality issued notice in the application on 13.5.2011 to the respondents and liberty was granted to deposit the court fee before the trial Court within 15 days and the following order was passed on 8.7.2011: -