RAM PAL Vs. SHYAM LAL CHAURASIA

JUDGEMENT

(1.) HEARD learned Counsel for the revisionist and perused the impugned order dated 19.2.2009. By virtue of this order, the Complaint Case No. 144/2008, Sri Shyam Lal Chaurasia v. Sri Ram Pal, appears to have been listed for final hearing on 16.3.2009. Although the revisionist/opposite party had moved an application for time to file written statement, yet no order was passed on the said application and the case was straightaway listed for final hearing. Apart, that the impugned order is absolutely non -reasoned, it is against the tenets of justice as it has deprived the revisionist of his valuable right to file written statement. The revisionist cannot be restrained in this short slip manner from pleading his cause by way of brining his written statement on record. Therefore, we are of the view that the impugned order suffer from serious legal infirmity and material irregularity. If allowed to stand it will be result in miscarriage of justice. It was certainly not within the jurisdiction of the Forum below to refuse to grant time to the revisionist to file his written statement unless of course there would have been a valid reason to do so. As mentioned above not an iota of reasoning has been disclosed for refusing the prayer for an opportunity to file the written statement.

(2.) IN the result, this revision succeeds and it is hereby allowed. The non -reasoned order which also suffers from jurisdictional error is hereby quashed. The revisionist can file his written statement by the date fixed so that further proceedings can go on in accordance with law. R.P. allowed.