High Court of Punjab and HaryanaCR/5092/2015allowed

Punjab State Power Corporation Ltd v. Sushil Kumar Deceased Through Lrs. Tripta Lakhanpal And ORS

2016-12-14Mr. Justice Arun Monga2 pages

C.R. No.5092 of 2015 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.5092 of 2015 (O&M) Date of Decision.14.12.2016 Punjab State Power Corporation Limited .......Petitioner Vs Sushil Kumar (deceased) through LRs and others ........Respondents

Present:

Ms. Monica Sharma, Advocate for Mr. Mukul Aggarwal, Advocate for the petitioner.

Mr. R.D. Bawa, Advocate for respondent No.3.

CORAM:HON'BLE MR. JUSTICE AMIT RAWAL -.- AMIT RAWAL J. (ORAL) Ms. Monica Sharma, Advocate for Mr. Mukul Aggarwal, Advocate, learned counsel representing the petitioner-plaintiff submits that before the trial Court suit against defendant Nos.2 and 3 has already been dismissed in default on 17.03.2011 and the suit was proceeded against defendant No.1 only but the same has also been dismissed in default on 05.06.2012. The application in this regard was moved on 30.08.2012 which has erroneously been dismissed.

Mr. R.D. Bawa, learned counsel appearing for the respondent submits that he has no role to play as the suit has already been dismissed. As per the office report, notice on respondent No.1(iii) could not been effected, being one of the legal representatives and the other respondents are also not available. It is very innocuous case where the plaintiff's suit has been dismissed for non-prosecution but plaintiff wants to continue with the same. Though the application was not moved within the period prescribed, PANKAJ KUMAR 2016.12.20 13:16 I attest to the accuracy and integrity of this document

C.R. No.5092 of 2015 (O&M) -2however, in the interest of justice and in view of the peculiar facts and circumstances of the case, the impugned order is set aside and the application for restoration of the suit qua defendant No.1 is allowed subject to payment of costs of `5000/-.

The revision petition is allowed.

(AMIT RAWAL) JUDGE December 14, 2016 Pankaj* Whether reasoned/speaking Yes Whether reportable No PANKAJ KUMAR 2016.12.20 13:16 I attest to the accuracy and integrity of this document