GURDEV SINGH Vs. GURMAIL SINGH AND OTHERS

JUDGEMENT

(1.) Present revision petition under Article 227 of the Constitution of India for setting aside order dated 3.8.2015 [Annexure P/6] passed by Additional District Judge, Patiala whereby appeal filed against the order dated 15.4.2014 [Annexure P/5] vide which Civil Judge [Junior Division], Nabha had dismissed the application of the petitioners for restoration of the suit, was dismissed.

(2.) Learned counsel for the petitioner submitted that the suit filed by the petitioners was dismissed in default by the Court of first instance vide orders dated 2.2.2009. There was some delay in filing the application for restoration of the suit on the ground that the circumstances were beyond the control of the petitioners. In fact, their counsel had informed that the suit as well as contempt petition were fixed for 17.2.2009. On that day, the petitioners put in appearance before the Court below, but their case was not listed. Their counsel, namely, Mr. Harwinder Singh, Advocate had gone abroad and the petitioners came to know that their suit was dismissed in default on 2.2.2009 without there-being any fault on their part.

(3.) The said application was contested on the ground that such a plea that counsel had not informed the petitioners, was no ground for condonation of delay and prayed that the application be dismissed.