ROHTASH Vs. HINDUSTAN ROLLINGS AND WIRES LTD DELHI

JUDGEMENT

(1.) Vide order being assailed, dated 23.08.2013, rendered by Civil Judge (Sr. Divn.), Sonepat, the application moved by the petitioner-plaintiff for restoration of the suit, that had been dismissed as withdrawn on 30.09.2006, has since been dismissed.

(2.) In an application moved by the petitioner-plaintiff, it is maintained that he had filed a suit for specific performance of the agreement to sell dated 22.06.2001. Since, the petitioner happened to be an agriculturist by profession, he had taken some land on oral lease w.e.f. 15.02.2006 to 01.08.2008, for agricultural purposes in village Jhalki, District Mahasamund (Chhatisgarh) from one Surender son of Jai Bhagwan (lessor). He had given the requisite fee to his counsel for filing the suit. After an assurance given by his counsel that he would be informed as and when his presence would be required, he went to his village (Jhalki). His counsel never apprised him of affixation of court fee and never even contacted the petitioner for withdrawal of the suit either.

(3.) Though, petitioner remained regularly in contact with his counsel, who falsely informed the dates that were purportedly being fixed in the matter. Petitioner arrived from village Jhalki on 30.10.2008, and only then, his counsel apprised him that his suit had been dismissed. Thus, his counsel played fraud upon him in collusion with the defendant, as suit was withdrawn on 30.09.2006, without his consent.