ALI MOHD SOFI Vs. SHAMA BIBI

JUDGEMENT

(1.) THIS revision is directed against an order dated 8 -11 -1980 passed by the District Judge Budgam dismissing an application for restoration of an application for guardianship. The order of dismissal was passed on 30 -4 -1980 The application for restoration was moved on 18 -7 -1980. The guardianship application was originally pending in the Court of District Judge Srinagar wherefrom it was transferred to the Court of District Judge Budgam as a result of the setting up of that court there. The application for restoration was accompanied by the personal affidavit of the counsel for the applicant to the effect that the case was transferred in his absence and when he enquired about it, he was told that the parties would be summoned, but when his client did not receive any summons for quite sometime, he went to Budgam and enquired about the case from the clerk concerned who told him that it had been dismissed on 30 -4 -1980. He immediately applied for a certified copy of the order and thereafter moved application for restoration on 18 -7 -1980. Thus the affidavit shows that the applicant came to know about the dismissal long after the event and that he moved in the matter as soon as he came to know about it. The other side has not filed any affidavit to repudiate the averments made in the affidavit of the learned counsel. There is no reason to disbelieve him. In the circumstances the delay as also the cause for non -appearance had been satisfactorily explained and the learned District Judge Budgam was not justified in holding to the contrary. In this view the impugned order must be set aside and the application for restoration must be allowed. The other side can be compensated in terms of costs for delay. Accordingly I hereby allow this revision; set aside the impugned order and allow the application for restoration on payment of Rs. 30/ - as costs. Parties are directed to appear in the court of District Judge Budgam on 7 -6 -1983.