Sandeep Sardana v. Dakshin Haryana Bijli Vitran Nigam Ltd And Others
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH CR-1921-2024 (O&M) Date of Decision : 15.05.2025 SANDEEP SARDANA .... Petitioner
VERSUS
DAKSHIN HARYANA BIJLI VITRAN NIGAM LTD. AND ANR.
.... Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :
Mr. Naresh Kumar Ganga, Advocate for the petitioner. Mr. Prateek Mahajan, Advocate and Mr. Daanish Mahajan, Advocate for the respondents. ALKA SARIN, J. (ORAL) 1.
The present revision petition has been filed under Article 227 of the Constitution of India challenging the order dated 25.07.2023 (Annexure P-1) whereby the suit of the plaintiff-petitioner was dismissed in default as also the order dated 30.01.2024 (Annexure P-3) whereby the application filed for restoration was also dismissed in default. 2.
Learned counsel for the plaintiff-petitioner would contend that because of the fault of the counsel, the plaintiff-petitioner should not be made to suffer.
3.
Per contra, learned counsel for the defendant-respondents would contend that not only the suit was dismissed in default but even the application for restoration was also dismissed in default. 4.
Heard.
AMAN JAIN 2025.05.16 09:22 I attest to the accuracy and integrity of this order/judgment
CR-1921-2024 (O&M) -25.
Keeping in view the nature of the suit and to do complete justice between the parties, this Court deems it fit to set aside the impugned orders.
6.
Accordingly, the present revision petition is allowed, and the impugned orders dated 25.07.2023 (Annexure P-1) and 30.01.2024 (Annexure P-3) are set side. The suit of the plaintiff-petitioner is restored to its original number and status. The parties are directed to appear before the Court concerned on 26.05.2025 at 10:00 am.
7.
Pending applications, if any, also stand disposed off. 15.05.2025 (ALKA SARIN) Aman Jain JUDGE NOTE:
Whether speaking/non-speaking: Speaking Whether reportable: Yes/No AMAN JAIN 2025.05.16 09:22 I attest to the accuracy and integrity of this order/judgment