JAGDISH CHANDRA MEHTA Vs. USHA

JUDGEMENT

(1.) This revision petition is directed against the order dated 24.9.1998 passed by the learned Senior Sub Judge, Sirmaur District at Nahan whereby the suit of the petitioner has been dismissed under order17 Rule 2 C.P.C.

(2.) Brief facts leading to filing of this petition are that Civil Suit No. 190/1 of 1994 instituted by the plaintiff -petitioner (hereafter referred to as the petitioner) against the defendants -respondents (here -after referred to as the respondents) was pending in the court of learned Senior Sub judge, Sirmaur.

(3.) The petitioner moved an application under order 1 Rule 10 C.P.C. alongwith amended plaint in the suit which was allowed by the court below vide its order dated 30.5.1998 and Desh Raj and Mansa Ram were ordered to be impleaded as defendants in the suit. It was also directed to issue process against the newly added defendants for 27.7.1998. Pursuant to this order, summons were issued to the newly added respondents for the due date and they were duly served. However, on that day the presiding officer was not present and was on leave, therefore, the file came up for effective order on 1.8.1998 when fresh summons on filing of P.F. were ordered to be issued to the said defendants for 1.9.1998. However, petitioner failed to file P.F. and therefore, the matter was adjoined for service of the newly added defendants for 24.9.1998. Again the petitioner defaulted in filing the P.F. Hence, the impugned order came into being and the petitioner has preferred the present petition.