KAMAL KANT Vs. SUNIL MALIK

JUDGEMENT

(1.) The present petition lays challenge to order dated 07.04.2015 passed by the Civil Judge (Senior Division), Karnal, dismissing the application of the petitioner for restoration of the suit dismissed for non-prosecution on 27.07.2012.

(2.) Counsel for the petitioner would urge that the petitioner had already concluded his evidence and the case was fixed for evidence of the respondent. There was a strike by the lawyers at Karnal due to which counsel for the petitioner did not put in appearance on 27.07.2012. The petitioner did not appear in person on that date as he had no information about strike by lawyers. The application for restoration was filed within the period of limitation but the same has been dismissed by the trial Court without assigning any valid reason. The last submission made by counsel is that a serious prejudice is likely to be caused to the petitioner in case the suit is not restored and decided on merits.

(3.) Counsel for the respondent, on the other hand, has supported the impugned order with the submissions that strike by Advocates cannot be construed as a valid ground for non-prosecution of the suit on behalf of the petitioner/plaintiff.