STATE BANK OF PATIALA Vs. GURINDER PAL SINGH

JUDGEMENT

(1.) The present petition lays challenge to orders dated 10.08.2011 (Annexure P -1) and dated 30.04.2015 (Annexure P -2) passed by the Civil Judge (Junior Division), Ludhiana, in Civil Suit No.1057/2008 titled State Bank of Patiala Vs. Gurinder Pal Singh and another filed for recovery of Rs.4,63,374.69 along with pendente lite and future interest at the rate of 10.25% per annum.

(2.) Counsel for the petitioner would submit that though there was something wanting on the part of counsel representing the petitioner ­ Bank and may be even officials of the Bank in filing the necessary process i.e. Registered Cover/Acknowledgment Due on certain dates fixed by the trial Court in the month of October/November, 2010 till August, 2011 but there was no contest to the application filed by the petitioner under Order 9 Rule 4 of the Code of Civil Procedure, 1908 (in short 'CPC') for restoration of the suit.

(3.) Another submission made by counsel is that in case the impugned orders are not set aside it would cause loss to public money, when on the contrary it would be a premium for the defendants/respondents without any contest in the suit. The last submission made by counsel is that keeping in mind the interest of substantial justice coupled with the fact that the Bank would lose an amount running into several lakhs, the petition may be allowed and the petitioner is ready to pay costs for delay attributable to it and would ensure that there is no default in compliance of the orders of the Court, in future.