BHANWAR LEAL Vs. GOPI LAL

JUDGEMENT

(1.) THIS is a decree-holder's revision directed against the order dated 12. 10. 92 passed by the learned Munsif and Judicial Magistrate, 1st Class, Doongala whereby the learned Magistrate has dismissed the restoration application of execution application in default.

(2.) BRIEF facts of this revision are that one execution case no. 1/88 was pending and the same was dismissed on 4. 7. 92 as the decree holder and his advocate were absent. The decree-holder moved an application under Sec. 151 C. P. C on 21. 7. 92 along with an affidavit stating that he was ill and his counsel Sajjan Singh had gone to Pratapgarh so he did not attend the court and in the interest of justice,the delay may be condoned and execution application may be restored u/s. 151 C. P. C but that too was dismissed. Hence, this revision.

(3.) THE revision is allowed as indicated above. .