MOHAMMAD YOUSUF MAGRAY Vs. HAJI GHULAM HASSAN

JUDGEMENT

(1.) This review petition, seeking recall of order dated 22nd May, 1997, passed by a Division Bench of this Court, has been filed on 18th June, 1997. We don't feel the need to encumber this order with facts more than necessary; a brief resume of the relevant facts would suffice.

(2.) Civil Original Suit No. 22 of 1974, pertaining to 17 Kanals and 2 Marlas of land situated at village Shankerpora of Tehsil Chadoora, was filed by petitioner, Haji Ghulam Hassan, before the High Court. This suit was partly decreed and partly dismissed vide judgment dated 16-11-1981 by the learned single Bench. The judgment resulted in filing of two cross appeals, one each by the petitioner and respondent herein, respectively bearing Nos. CIA No. 6/82 and CIA No. 8/82. These cross appeals were clubbed together by order dated 7-7-1986 passed by the Division Bench in CIA No. 8/82. Order dated 9-5-1989 passed on CIA No. 6/82 makes mention of the direction of the Apex Court to hear the appeals together. At a later stage, the appeals seem to have been bifurcated and listed separately, not by any order of the Court. CIA No. 8/82 thus came to be listed on 6-7-1993. On that day no one appeared on behalf of the appellant in the said appeal, while respondent No. 1 was present in person. Consequently, the appeal was dismissed in default. CIA No. 6/82, which was surviving, was listed on some other date.

(3.) The appellant, Mohammad Yousuf Magray, filed an application for restoration/readmission of the appeal on 13-10-1993 on which date CIA No. 6/82 was listed. The plea taken was that the knowledge of dismissal of CIA No. 8/82 was given to the counsel for appellant in the Court on that day. Along with the aforesaid application, an application for condonation of delay was also filed. The main objection taken by the other wise to the applications was that there was no order to club the appeals and no sufficient cause was shown as to why the appeal was not persued by the then counsel, Mr. B. A. Bashir. No other point was raised in the objections.