In an appeal against a default dismissal order, the High Court allowed the petition after finding the accused was also absent on the date of dismissal. The court set aside the impugned order and directed parties to appear for further proceedings.
Order dated 02.03.2015 set aside; parties directed to appear before trial Court on 10.10.2018.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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CRA-AS-65-2017
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CRA-AS-65 of 2017 (O&M) Date of decision : September 7, 2018
Rakesh Verma ... Appellant
VERSUS
Mr. Manak Singh ... Respondent
CORAM: HON'BLE MR. JUSTICE SURINDER GUPTA
Present: Mr. Sachin Gupta, Advocate for the appellant.
None for the respondent.
SURINDER GUPTA, J.(Oral)
Learned counsel for the appellant submits that appellant had filed three complaints which were fixed for 14.02.2015 before National Lok Adalat but no settlement took place and counsel for the complainant was given 05.03.2015 as the next date of hearing. On 05.03.2015, appellant had appeared before the Court concerned and found that only two cases were listed. On enquiry, it was found that this case was listed on 02.03.2015 and was dismissed in default due to non-appearance on behalf of the complainant. It is evident that the accused had also not appeared on 02.03.2015. The absence of the appellant before the Court on 02.03.2015 was not intentional but due to lack of communication. Even the accused was under the impression that the next date in this case was given as 05.03.2015
None has appeared on behalf of the respondent despite notice.
The submissions of learned counsel for the appellant appears to have merit. On 02.03.2015, even the accused was not present before the trial Court and other two cases which were taken up in National Lok Adalat
Jyoti 2018.09.11 10:01 I attest to the accuracy and integrity of this document
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CRA-AS-65-2017
with this complaint were taken up by the Court on 05.03.2015. This lend support to the submission of learned counsel for the appellant that date noted in this case was 05.03.2018.
Keeping in view the above facts, this petition is allowed. Order dated 02.03.2015 is set aside and parties are directed to appear before the trial Court on 10.10.2018. The trial Court will take up the complaint file and initiate further proceedings in accordance with law.
(SURINDER GUPTA) September 07, 2018 JUDGE Jyoti-II
Whether speaking/reasoned Yes/No Whether reportable Yes/No
Jyoti 2018.09.11 10:01 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether the appellate court should correct a default dismissal order where the accused was also absent due to lack of communication and conflicting date lists.
Rakesh Verma
Mr. Manak Singh
SURINDER GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
