MANGAT SINGH Vs. DIWAKAR SINGH

JUDGEMENT

(1.) CIVIL Second Appeal No.19/1999, preferred against Decree dated 27.02.1999 of the First Additional District Judge, Jammu, in Civil Ist Appeal no.14/1997, dismissing respondent -plaintiffs Suit and reversing the Decree passed by the trial Court of Sub -Judge, Jammu, directing the petitioner to vacate and handover the vacant possession of an Orchard measuring 33 kanals, situated at Kote Garhi, to the respondent, was allowed by this Court, in ex -parte, on November 25, 2004, setting aside the First Additional District Judge, Jammus Judgment and Decree and restoring that of the Sub -ordinate Judge, in Suit No. 77 of 1979.

(2.) INVOKING the provisions of Order 41 Rule 21 C.P.C, the petitioner has filed a petition for re -hearing of the Appeal along with Miscellaneous Petition No. 198/2005, seeking condonation of 331 days delay in filing the Petition.

(3.) CONDONATION of Delay has been sought by the petitioner, on the ground that the petitioners counsel could not appear in the Court to defend the Appeal, as his Clerk had not noticed the case in the Weekly Cause List. Whenever contacted, his Counsel would inform him that the Appeal was still pending; And it was in these circumstances that neither he nor his counsel could know about the listing of the Appeal in the Weekly Cause List and the pronouncement of judgment thereon.