KAMAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) No one appears for the appellant. Mr. Bapna appears for the respondent Union of India.

(2.) This is a case of a petty low paid employee. Unfortunately since neither the appellant, nor the counsel for the appellant is present, this Court cannot go into merits of the case on account of O. 41, R. 17, C.P.C., which reads as under :-

(3.) While hearing the Civil first and second Misc. appeals during last about one year, both at Jodhpur and Jaipur, I have observed that on the establishment of the Bench at Jaipur and consequent transfer of cases with transfer of the establishment of the Advocates from Jodhpur to Jaipur, several cases which are listed at Jodhpur and Jaipur remain unattended. Either the parties are not aware that the counsel who were earlier engaged have left the place without making arrangement of the other counsel at the place where the case has been transferred, or in spite of making arrangements there is lack of interest which explains non-appearance. In either case it is the litigant who, mostly is unaware of the listing of the case, and who suffers and after waiting for a chance of hearing for more than a decade in High Court the case is dismissed in default.