Sewa Ram and another vs Rajinder Kumar and another

Jitendra Chauhan, J.—The present revision petition under Article 227 of the Constitution of India is for setting aside the order dated 08.09.2011, passed by the learned Additional Civil Judge, Sr. Divn., Panipat, whereby the evidence of the plaintiff has been closed.

The learned counsel contends that the absence of the petitioners before the learned trial Court was not intentional and deliberate. He refers to Annexure P7, and states that the matter was adjourned for 28.08.2011, however, the same could not be taken up, on 28th, being Sunday, and the matter was taken up on 29.08.2011. It was on account of the fact that the matter was not taken up for the date listed, the same resulted in the absence of the evidence of the plaintiff/petitioner.

A perusal of the Annexures P3 to P6, suggest that there was some clerical omission in the listing of the matter. In the circumstance, the impugned order if allowed to stand, would cause miscarriage of justice. Therefore, the present revision petition is allowed and the impugned order dated 08.09.2011 is set aside. The plaintiffs are given one effective opportunity to complete their evidence, already fixed by the learned trial Court. However, the same shall be subject to the payment of `5,000/-as costs.