Chiranjilal Jain v. The Sub Collector

in C.R.P.(NPD) SR.No.28924 of 2015 R.N.MANJULA, J.

The above Civil Revision Petition in C.R.P.(NPD) SR.No.28924 of 2015 was returned for non-compliance of certain defects. Since it was not re-presented in due time, despite repeated notices, the matter was listed under the caption for ''Appeal Examiners Section Default Cases'' on 28.03.2019. On 28.03.2019 also there was no representation. However a conditional order was passed by granting further time till 11.04.2019 and in default, for automatic rejection. Since the petitioner did not turn up before 11.04.2019, the above revision petition stood rejected.

2. In view of the conditional order passed already, now the learned counsel for the petitioner submitted that the defects pointed out in the written endorsement have already been replied, but however, due to some miscommunication, he could not traced out the bundle. Despite he made repeated requests, his bundle cannot be traced out and he could know the further developments only by obtaining this order through the High Court

website. The revision petitioners are the claimants who have filed the petition before the Execution Court to include the interest on their award by relying on the latest decision of the Hon'ble Supreme Court reported in 2001 CTC 434.

3. Had the Civil Revision Petition was adjudicated after hearing there is a possibility that the petitioners to get a favourable order. Though the petitioners have come to the Court at a belated stage, in the interest of justice in order to pursue their claim on merits, I feel an opportunity should be given.

4. In view of the above reasons, this Civil Miscellaneous Petition is ordered.

5. Registry is directed to take the Civil Revision Petition on file, if it is otherwise in order.

12.07.2022 ms

R.N.MANJULA, J.

ms in C.R.P.(NPD) SR.No.28924 of 2015 12.07.2022