STATE OF PUNJAB Vs. GAMA

JUDGEMENT

(1.) The plaintiff-respondent, which is not present inspite of issuance of actual date notice, obtained an ex parte decree against the Punjab State on 19th October, 1983. An application for setting aside the same was filed but the same was dismissed for want of prosecution vide impugned order dated 11th October, 1984. Dissatisfied with the same, the Punjab State filed the petition in this Court.

(2.) After hearing the learned counsel for the petitioner, I find that there was no occasion for dismissing the application simply because the process fee was not filed for the second time. One more opportunity should have been allowed to do needful. There is no finding by the trial Court that the process fee was not filed with an ulterior motive or the State of Punjab was interested in any way in delaying the service on the respondent.

(3.) Consequently, the petition succeeds, the impugned order is set aside and the application is sent back to the trial Court for proceeding with the application filed on behalf of the State in accordance with law. The petitioner has been directed to appear in the Court on 12th August, 1985, and also to pay the process fee on the date. The records of the case be sent back forthwith.