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1981 DIGILAW 319 (RAJ)

Mohan Prakash v. Gulab Chand

1981-07-31

G.M.LODHA

body1981
GUMAN MAL LODHA, J.—This is an application under section 151, Code of Civil Procedure to restore S.B. Civil Revision Petition No. 473/1979, which was dismissed by this Court on account of non-compliance peremptory order, dated the 20th December, 1979, which reads as under : "Issue notice of unserved respondents afresh on filing of the same. Three weeks time is allowed to file fresh notices failing which the Revision Petition would stand rejected automatically." 2. Since the above order was not complied with, the office recorded on January 30, 1980 that the revision application is dismissed in non-compliance as per the order of this Court, dated the 20th December, 1979. 3 Shri Dalip Singh, the learned counsel for the applicant has submitted that after the peremptory order was passed, there was winter vacations and by inadvertance, the compliance could not be made. He prayed that this Court has got power under section 148, C.P.C. to restore the case, even though there might have been non-compliance of a peremptory order. Reliance was placed on the judgment of Allahabad High Court in Gordhan vs. Barsati (FB) (1). It was also pointed out that most of the respondents have been served and only a few remained unserved. 4. I have carefully considered the submissions of the learned counsel for the petitioner-applicant. In the application, as well as affidavit filed for restoration, all that has been mentioned is that non-compliance was result of inadvertence. It has been mentioned that the counsel for the petitioner inspected the file and then came to know that on account of the peremptory order, the case was dismissed on January 30, 1980. 5. A bare assumption of the above facts would show that the intervention of the winter vacation had no relevancy. The peremptory order has been passed as mentioned, earlier on December 20. 1979. Since there was three weeks time, the petitioner-applicant could have filed fresh notices upto January 10, 1980. Instead of that, not only nothing was done but as per the assertion mentioned in the application, the fact, that the peremptory order was passed, was also ignored, and the dismissal came as discovered on February 20, 1980. At the time of passing of peremptory order, maximum time as prayed by the learned counsel was allowed. Instead of that, not only nothing was done but as per the assertion mentioned in the application, the fact, that the peremptory order was passed, was also ignored, and the dismissal came as discovered on February 20, 1980. At the time of passing of peremptory order, maximum time as prayed by the learned counsel was allowed. In case, there is any difficulty in compliance of peremptory order, a party should seek an extension of time before the period allowed expiree. In a given case, even after passing of the peremptory order and its non-compliance, if there is an important intervening reason, like serious illness or such major inevitable natural events above human control, then certainly this Court can invoke section 148 C.P.C. 6. Un fortunately for the petitioner, no such cause has been shown in this case. The mere reason of an "inadvertance cannot be treated as sufficient for extending time in the case of peremptory order otherwise, peremptory orders would loose their desired effect. 7. The judgment of the Allahabad High Court, cited by the learned counsel for the applicant, had its peculiar features and cannot provide any guidance or assistance in this case to this Court. 8. The result is, that this application under section 151 C.P.C., for restoring the S.B. Civil Revision Petition No. 473/1979, fails and is, therefore, rejected.