S DHILLU SINGH Vs. S SOHAN SINGH

JUDGEMENT

(1.) This is a rule obtained against an order made by Shri Bhatnagar acting as a Tribunal, Delhi, dated 10-12-1954 setting aside the order of dismissal in default of an application made under Section 10 by Sohan Singh dated 10-11-1953 under the provisions of Section 151, Civil P. C.

(2.) On 15-3-1953 Sohan Singh made an application under Section 10, Displaced Persona (Debts Adjust-merit) Act, LXX of 1951 and the debt mentioned therein was dated 12-5-1947 which it was alleged was due from Dhillu Singh and Saran Singh. On 16-2-1953 Dhillu Singh made an application under 5 of that Act as is required by Section 11 (2) of the Act.

(3.) These two matters were pending in the Court of Mr. Hans Raj who on 10-111953 ordered the par-ties to the two applications to appear before Mr. Bhatnagar on that very day as they had been transferred to that Tribunal. As Sohan Singh did not appear before Mr. Bhatnagar the application under Section 10 was ordered to be dismissed at 4-45 p.m. and the case under Section 5 was adjourned for service. In the proceedings under Section 5 Mr. Sardara Singh appeared for Sohan Singh on 17-12-1953 before Mr. Bhatnagar.