NAGINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This revision petition seeks to challenge the order dated 15th September, 1981 passed by the Additional District Judge, Sangrur by which the appeal filed by the petitioner for restoration of the application filed under Section 8 and 20 of the Indian Arbitration Act which was dismissed in default by the Senior Subordinate Judge, Sangrur on 8th March, 1980.

(2.) It is not disputed that after the dismissal of the application on 8th March, 1980, Naginder Singh moved an application for restoration. According to the applicant, the case had been dismissed because on the date of hearing Naginder Singh had gone out of station for domestic work and when the case was taken up, his counsel was busy in another Court. It is submitted that the absence of the petitioner and his counsel was not intentional and, therefore, the case should have been restored and disposed of on merits. The application was resisted by the respondent and from the pleading two issues were framed. The Senior Subordinate Judge while disposing of the application rejected the prayer and the appeal filed by the petitioner too met the same fate. Hence, this revision.

(3.) I have heard Shri Jaswant Jain, Advocate for the petitioner and Shri H.S. Gill, Deputy Advocate General, Punjab for the State of Punjab and have carefully considered the respective submissions made by them.