SAT PAL Vs. BABA DHARAM SHAH

JUDGEMENT

(1.) Cmp(M) No. 1001 of 2019 After taking into consideration the averments made in application, reply and rejoinder thereto and also submissions made by learned counsel for parties, delay in filing the review petition is condoned. Application stands disposed of. Review Petition No. 86 of 2019

(2.) This petition has been filed for reviewing the judgment dated 15.3.2019 passed in main petition bearing number CMPMO No. 445 of 2018 titled as Sat Pal vs. Baba Dharam Shah on ground that petitioner was keenly interested to pursue the petition and he was pursuing the petition diligently, but unfortunately, he fell seriously ill and remained under treatment from PGI Chandigarh and thus he could not file rejoinder to reply filed by respondent and after recovery to some extent, he returned to Shimla and requested his counsel to file review petition so as to enable him to file rejoinder to reply filed by respondent in CMPMO. It is prayed in petition that taking a lenient view, impugned judgment dated 15.3.2019 be reviewed by permitting the petitioner to file rejoinder to reply filed by respondent as affording the opportunity to petitioner to file rejoinder would facilitate both the parties to get effective justice.

(3.) On perusal of record of main CMPMO, it is evident that reply filed by respondent was on record on 7th January, 2019 and on that day statement on behalf of petitioner was made that no rejoinder was intended to be filed. Thereafter, case was listed for consideration on 28.2.2019. Petitioner has filed the discharge slip of Postgraduate Institute of Medical Education and Research (PGI), Chandigarh which indicates that he was admitted in PGI on 2.2.2019 and was discharged on 20.2.2019. Thereafter, he remained under treatment in PGI as an OPD patient.