NIRANJAN LAL Vs. THE CIVIL JUDGE & ORS.

JUDGEMENT

(1.) By way of the instant writ petition, the petitioner has beseeched to quash and set aside the order dated 9th March, 2010 whereby the learned Civil Judge (Jr.Div.) Behrod District Alwar dismissed the application dated 11th Oct., 1999 of the petitioner-decree-holder and declined to restore the execution application.

(2.) Having heard the learned counsel for the petitioner-decree-holder and carefully perused the relevant material on record including the impugned order, it is noticed that the execution application was pending before the executing Court and the same was dismissed on 7th Oct., 1999 as neither the decree-holder nor the judgment-debtor was present on that day in the Court. The petitioner-decree-holder filed the restoration application imploring the court that the counsel for the decree-holder was busy in another case in another court and the fact of caling out the case did not come into his notice and hence, the execution application was dismissed in default of appearance of the decree- holder or his counsel.

(3.) The argument raised by the learned counsel for the judgment-debtor that the execution application once dismissed in default could not be restored.