Mahendra Kumar Agrawal v. Nagar Panchayat Maholi Distt. Sitapur and Another
Case brief
What is this about?
Article 227 petition allowed; restoration application under Order 9 Rule 9 r/w Section 151 CPC dismissed for delay recalled; suit earlier dismissed in default under Order 9 Rule 8 CPC; court staff's failure to serve notice of transfer of file breached Rule 89-A General Rules (Civil); litigant cannot be punished for error of court or its staff; opportunity to seek condonation of delay should have been given; orders dated 28.07.2023 (trial court, Sitapur) and 22.03.2024 (District Judge, Sitapur in Civil Revision No. 40 of 2023) quashed; matter remanded for fresh decision after hearing; Nagar Panchayat Maholi, Sitapur; clarification on alleged encroachment.
What did the court decide?
Petition allowed; orders dated 28.07.2023 and 22.03.2024 quashed; case remitted to the Civil Judge (Sitapur); petitioner permitted to file an application and affidavit seeking condonation of delay in filing the Order 9 Rule 9 application; trial court directed to decide the Order 9 Rule 9 application afresh after hearing the parties, in the light of the observations in this order, and to proceed expeditiously without unnecessary adjournment to any party.