DARSHAN SINGH AND OTHERS Vs. GURMEET SINGH

JUDGEMENT

(1.) Petitioners have challenged order dated 17.05.2017 (Annexure P-11), passed by the Civil Judge (Jr. Divn.), Ludhiana in suit bearing No.CS-4133-2016, whereby the defence of the defendantspetitioners was struck off as also order dated 14.09.2017 (Annexure P-17), whereby review filed by the defendants-petitioners against the order striking off defence was also dismissed.

(2.) Brief facts of the case leading to the filing of the instant revision petition are that on 22.03.2017, counsel engaged by the defendants-petitioners in supersession of their former counsel filed his power of attorney in the case listed before the Court of the learned Civil Judge (Jr. Divn.), Ludhiana. Learned counsel contends that on the said date, apart from the main suit, application under Order 39 Rule 2(a) was also listed. However, defendants-petitioners counsel who was filing power of attorney by superseding the former counsel was not aware of the aforementioned position nor had any notice been received by the defendants-petitioners or their former counsel with regard to the application under Order 39 Rule 2(a) of the CPC. In the circumstances, the power of attorney came to be placed in the matter pertaining to the application under Order 39 Rule 2(a) of the CPC and adjournment of the same to 10.05.2017 was noted as the date in the civil suit by the counsel for the defendants-petitioners while adjournment of the civil suit on the said date to 24.04.2017 along with imposition of costs of Rs.500/- did not come to the notice of the counsel before the learned trial Court. Consequently on 24.04.2017, none was present in the civil suit on behalf of the defendants-petitioners.

(3.) Learned counsel further contends that although new counsel had been engaged in the matter, yet the presence of the former counsel was marked in routine in the zimni order on 24.04.2017 and on the said date, the suit was adjourned to 17.05.2017 with costs of Rs.1000/-. Learned counsel contends that unaware of the listing of the civil suit on 24.04.2017 or for that matter of the same having been adjourned to 17.05.2017, counsel for the defendants-petitioners appeared in the case under Order 39 Rule 2(a) of the CPC on 10.05.2017 assuming it to be the main civil suit. However, on 10.05.2017 the application under Order 39 Rule 2(a) was adjourned to 10.07.2017.