GANGA SAHAI Vs. SURAJ PRASAD

JUDGEMENT

(1.) This reference has been made in the following circumstances : In this Civil Second Appeal an order was passed on 17th January, 1986 for it being put up in Court for hearing on 24th February, 1986. On 24th February, 1986 it could not be listed in the Court for hearing because on that day there was no roster for Civil Second Appeals. It was listed in the Court on 26th February, 1986. On 26th February, 1986 neither the appellant nor his counsel was present and the appeal was dismissed in default by D.L. Mehta, J. The appellant thereafter moved an application for restoration (S.B. Civil Misc. Restoration Application No.63 of 1986). The said application for restoration was allowed by D.L. Mehta, J. by his order dated 18th March, 1986 on the view that the Registry of this Court had committed a mistake in listing this case on 26th February, 1986 although on 24th February, 1986 no date was given. In this connection the learned Judge has observed as under:

(2.) We have heard the learned Government Advocate on the questions which arise for consideration in this reference. In addition we have heard Shri R.N. Munshi, and R.M. Lodha, the learned counsel appearing for both the parties in the Civil Second Appeal and a number of Advocates who desired to address the Court on the said questions.

(3.) As mentioned in the order of reference passed by Kasliwal, J., the following questions are required to be considered by this Bench :-