AWADHESH KUMAR Vs. BANSHIDHAR AGRAWAL

JUDGEMENT

(1.) This revision petition is directed against an order dated the 2nd July, 1980, of the Additional Subordinate Judge, dismissing Miscellaneous Judicial Case No. 2 of 1980, which was filed for restoration of another Miscellaneous Judicial Case, being Miscellaneous Judicial Case No. 2 of 1979.

(2.) Miscellaneous Judicial Case No. 2 of 1979 was filed by the judgment-debtor (petitioner) under Sections 47 and 1.51 of the Code of Civil Procedure, alleging that against the money decree passed on the 6th March, 1978, the petitioner filed Money Appeal No. 5 of 1978, and, after filing of the said appeal, the matter was settled between the parties with the intervention of the well-wishers and common friends, and the judgment-debtor (petitioner) gave to the opposite party potatoes worth Rs. 7,000/- in satisfaction of the decree and it was agreed that the judgment-debtor (petitioner) would not pursue his appeal and the opposite party would file a satisfaction petition in the money suit. It was further alleged that in the beginning of June, 1979, the petitioner learnt that the decree-holder had filed Execution Case No. 3 of 1978 and was pursuing the matter. He rushed to court and on the 11th June, 1979, he came to know all these, on inspection of the records, and, on that ground it was prayed that the execution case should be dismissed as satisfied with special costs.

(3.) Miscellaneous Judicial Case No. 2 of 1979 was dismissed for default on the 21st June, 1980, in which the following order was passed:--For restoring the said Miscellaneous Judicial Case No. 2 of 1979, the petitioner filed an application on the 23rd June, 1980, stating that the petitioner filed a petition for time for two months on the 16th June, 1980, on the ground that the petitioner had got an attack of paralysis, on which the miscellaneous case was adjourned to the 21st June, 1980, on which date the petitioner was bed-ridden and could not come to court and after getting his Munsi traced sent him to court. The Munsi could not find out the lawyer, Smt. Shea, Kumari Shrivaslava, who had gone to Delhi, and, as such, the Munsi got a petition filed in Court under his signature with late fee. The petitioner thereafter learnt from the Munsi that Miscellaneous Judicial Case No. 2 of 1979 had been dismissed. It was alleged that there was no laches on the part of the petitioner and the prayer was accordingly made for restoring the said case. The said restoration petition has been dismissed by the impugned order.