MOHAN PRAKASH Vs. GULAB CHAND

JUDGEMENT

(1.) This is an application under Section 151, Civil P. C. to restore S. B. Civil Revision Petition No. 473/1979, which was dismissed by this Court on account of non-compliance of peremptory order, dated the 20th Dec., 1979, which reads as under :

(2.) Since the above order was not complied with, the office recorded on Jan, 30, 1980 that the revision application is dismissed in non-compliance as per the order of this Court, dated the 20th Dec., 1979.

(3.) Shri Dalip Singh, the learned counsel for the applicant has submitted that after the peremptory order was passed, there was winter vacations and by inadvertence, the compliance could not be made. He prayed that this Court has got power under Section 148, C. P. C. to restore the case, even though there might have been non-compliance of a peremptory order. Reliance was placed on the judgment of Allahabad High Court in Gobardhan Singh v. Barsati, AIR 1972 All 246 (FB), It was also pointed out that most of the respondents have been served and only a few remained unserved.