T N SAHMI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition is directed against the order rejecting the restoration application of the restoration application. The matter relates to reference under Land Acquisition Act. On 6th January, 1979 when the reference proceedings were to be taken, the case was dismissed in default, as no one appeared. An application for restoration was submitted on 6th January, 1979 and was fixed for hearing on 19th May, 1979. As ill luck would have it the earlier history was repeated on 19th May, 1979 again.

(2.) ON the same day on 19th May, 1979, the petitioner filed an application for restoration of the restoration application mentioning that when the case was called he went to get or call his counsel Shri H. C. Dhandia, and when he came back he found that the case has been dismissed in default. The petitioner filed an affidavit along with this application for the restoration. The non-petitioner chose not to file counter affidavit or reply but even then the Chief Judicial Magistrate, Jaipur, dismissed the restoration application on the ground that affidavit of Advocate Shri H. C. Dhandia was not filed. It was pointed out that sufficient cause was not shown for absence of counsel and party.

(3.) REJECTION of the application on the ground of absence of affidavit of counsel shows that the approach of the court was based on ignorance about the legal position. More so, as a court of Chief Judicial Magistrate he was bound to follow the principles laid down in Bhanwar Lal vs. Bhanwar Lal (Supra) judgment of this court.