LAWS(P&H)-1985-10-58

TARA SINGH Vs. LANDRA CO-OPERATIVE AGRICULTURE SERVICE SOCIETY LTD., LANDRA, DISTRICT JULLUNDER AND OTHERS

Decided On October 10, 1985
TARA SINGH Appellant
V/S
Landra Co -Operative Agriculture Service Society Ltd., Landra, District Jullunder And Others Respondents

JUDGEMENT

(1.) THE Petitioner filed a revision under Section 69 of the Punjab Co -operative Societies Act, 1961, before the State Government. The Deputy Secretary, Co -operative Societies took up the revision on October 5, 1976, at Chandigarh. The Petitioner was represented by a counsel and his counsel appeared on that date. On that date, the counsel was informed that the case was fixed on October 7, 1976, at Jullunder, in the Cooperative Bank premises. The Petitioner was not present on October 5, 1976, and, therefore, his counsel tried to contact him on phone to inform him that he had to appear at Jullundur on October 7, 1976. However, the counsel was unable to inform the Petitioner due to paucity of time as the telephone call did not mature. The case was taken up on October 7, 1976, and the revision was dismissed on merits in the absence of the Petitioner vide order Annexure P. 2. The Petitioner filed a review application to hear his revision in his presence. That application was dismissed vide order dated January 10, 1978, Annexure P. 3. on the ground that he had no power to set aside the ex parte order of his predecessor. In this writ petition, orders P. 2 and P. 3 have been impugned on the ground that the Petitioner was entitled to be heard before, the matter was decided and there was wholly insufficient time for the Petitioner to appear or make arrangement for hearing on October 7, 1976.

(2.) NOTICE of the writ was served on the Respondents during motion hearing. In spite of service none had appeared on behalf of the Respondents. Even at the time of final hearing, in spite of service of notice, none has appeared nor any reply has been filed. Accordingly, I proceed to decide the case ex parte.

(3.) ACCORDINGLY , order Annexure P. 2 deserves to be set aside.