GIRDHARI LAL Vs. PANNA LAL

JUDGEMENT

(1.) This petition raises the question whether it is open to a creditor, whose application under section 10 of the Displaced Persons (Debts Adjustment) Act 1951 has been dismissed in default to bring a fresh application for the same purpose without making an application under Order 9 of the Code of Civil Procedure.

(2.) One Girdhari Lal presented an application under section 10 of the Displaced Persons (Debts Adjustment) Act, 1951 , for the recovery of a sum of Rs. 4,165/10/- on the basis of a registered mortgage deed dated the 15th January, 1944. Neither the applicant nor his counsel was present in Court on the 5th October, 1955 when the ease came up for hearing and the Tribunal constituted under the Act of 1951 accordingly dismissed the application in default. The applicant did not apply for a restoration of the application under the provisions of Order 9 of the Code of Civil Procedure but on the 18th November, 1955 presented a fresh application under section 10 of the Act of 1951. The Tribunal came to the conclusion that in view of the provisions of section 25 of the Act of 1951 the second application was not maintainable, for it was the duty of the applicant if he was aggrieved by the order of dismissal in default to present an application under the provisions of Order 9, rule 9 of the Code of Civil Procedure. The creditor is dissatisfied with the order and has come to this Court in revision.

(3.) Section 23 of the Act of 1951 is in the following terms -