SHREE KANT Vs. KAILASH CHAND

JUDGEMENT

(1.) THIS is a revision application which deserves to succeed on a very short point that on the day the suit was dismissed in default, only the defendant and his counsel were present. The counsel for the defendant signed the order sheet on 26. 10. 78.

(2.) IT appears that after this, may be soon after or little later, the plaintiff and his counsel appeared and the suit was restored by that time the defendant and his counsel were not present nor they were called or informed.

(3.) CONSEQUENTLY, the revision application is accepted and the impugned order is set aside- Application dated 6-2-79 is also accepted. The delay in deposit of the amount is condoned for the reasons mentioned above. The parties shall bear their own costs. .