RAM DASS Vs. LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) This appeal has been directed against the award dated 31.3.2006 passed by the learned Additional District Judge (Fast Track Court), Shimla, dismissing the case of the appellant for non-prosecution. The case has been tossed from court to court and finally it reached the stage of evidence. Nobody has appeared for the petitioner/appellant herein resulting in the order of dismissal.

(2.) A petition under Section 18 of the Land Acquisition Act was instituted by the petitioner on 20.11.2003. On 31.12.2003, 9.3.2004, 27.4.2004 and 16.4.2004, the Presiding Officer was on leave. Nobody appeared for the petitioner on 3.8.2004 and actual date notice was directed to be issued to the counsel appearing for the petitioner for 1.11.2004, whereafter the case was proceeded with. On that date, the case was 1 Whether Reporters of Local Papers are allowed to see the judgment Yes. received by the Court by assignment. The next date fixed was 27.11.2004 on which date the case was registered. On 4.7.2005, nobody was present for the petitioner. The Presiding Officer was on leave. It was, thereafter, transferred to the Court of the Additional District Judge, Fast Track Court, Shimla. On 4.11.2005 and 9.11.2005, again the Presiding Officer was on leave. On 17.11.2005, issues were framed and the case was fixed for 26.12.2005 for recording evidence on behalf of the petitioner. On that date, the Court records that no steps have been taken for leading evidence and the case was listed on 7.3.2006 as last opportunity granted to the appellant for recording the evidence. On the subsequent date, namely; 7.3.2006, nobody appeared for the petitioner and the petition was dismissed vide order dated 31.3.2006.

(3.) It is well settled law that a party should not suffer for the wrongful acts of his counsel. This proposition has been laid down by the Supreme Court in Rafiq v. Munshilal, 1981 AIR(SC) 1400; Tahilram v. Ramchand, 1993 AIR(SC) 1182, Goswami K.M. Sharma v. Dhan Prakash, 1981 4 SCC 574; Lachi Tewari v. Director of Land Records, 1984 AIR(SC) 41; Ranipet Chemicals & Engineering v. Swastik Stainless Stores, 1986 AIR(Cal) 76; Tulsiram v. Sitaram, 1959 AIR(Cal) 389; Bank of India v. Mehta Brothers, 1991 AIR(Del) 194; Sushila v. Nandakumar, 1996 5 SCC 529.