ROSHAN SHARMA Vs. DWARKA DASS

JUDGEMENT

(1.) THIS is a petition for revision against the order of the Appellate authority refusing to restore the appeal which had been dismissed by it for default of appearance either of the Appellant or of his counsel.

(2.) THE only contention urged before me is that the Appellate authority could not dismiss the appeal in default but had to decide it on the merits irrespective of the fact whether the party or his counsel were present or not. In support of this contention the learned Counsel relies a Division Bench decision of the Rajasthan High Court (Jaipur Bench) in Om Parkash v. Bansidhar, A.I.R. 1962 Raj. 130. This decision no doubt, supports the contention but it may be noted that the provision which fell for determination before the Rajasthan High Court is somewhat different from the provision of the Punjab Act. In the Rajasthan Act, Section 12, which deals with appeals reads thus: