THAKUR BALWANT SINGH Vs. VISHWESHWAR

JUDGEMENT

(1.) THIS is an application in revision submitted to the State Council of Sirohi from the order of the Revenue Member, Sirohi State, dated 28. 11. 1948. With the merger of the former Sirohi State in Rajasthan the Revenue Secretary to the Government of Rajasthan, has transferred this application to the Board of Revenue under his letter No. 82, dated 28. 8. 1952, for disposal.

(2.) IN a suit between the parties pending before the Revenue Officer, Sirohi, Vishweshwar, the opposite-party was the plaintiff. Under the Revenue Officer's order dated 15. 6. 1945 the parties were ordered to appear on 31. 8. 1945. Vishweshwar had due notice of the date fixed but on 13. 8. 1945 neither he nor the applicant who was defendant in the case were present and the Revenue Officer dismissed the suit in default. After one and a half year Vishweshwar moved an application for restoration of the case stating that owing to the death of his wife having an infant baby his mind was so much perturbed that he left for Bombay to reside with his son and to start some commercial business there. This application was pending consideration of the Revenue Member when another application of Vishweshwar dated 1. 5. 1948 requesting a reconsideration of the order of dismissal in the case was submitted to Her Highness the Rajmata who was President of the Regency Council, Sirohi and this application was forwarded to the State Council under the endorsement of the Private Secretary dated 2. 5. 1948 with the direction that the case of the applicant should be reconsidered. The Revenue Minister heard the restoration application on 28. 11. 1948 in the presence of the parties, when the application received with the above endorsement of the private secretary was also put up before him. After hearing the arguments of the counsel for either party the Revenue Member in consideration of the ends of justice granted the restoration application.