JUDGMENT K.C. Agrawal, J. - This writ petition challenges the orders dated 6.1.1982 and 26.3.1982., passed by the District Judge, Meerut. By the first order the appeal of the petitioner had been dismissed for default, whereas by the second order the application for its restoration was rejected. 2. The ground for restoration was that as the counsel appearing for the petitioner Sri Ashok Kumar Bhatnagar had gone out of station, he did not appear in the appeal on 6.1.1982. The learned District Judge did not find that the ground given for being absent on 6.1.1982 was wrong. What he held was that as several adjournments in the past had been taken by the petitioner, no more adjournment could be given to the petitioner on 6.1.1982. It is no doubt true that the matter of granting adjournment is within the discretion of the Court before whom the proceedings are pending. In the circumstance of the present case, it, however, appears that the ends of justice would have been served better if the order dated 6.1.1982 would have been set aside and the appeal would have been restored to its original number on the condition of payment of some costs. The petitioner has been penalised for the absence of her counsel. In these circumstances, I find that the order dismissing the appeal filed by the petitioner under Section 33 of the Urban Land (Ceiling and Relation) Act, 1976, is liable to be quashed. That being so, the subsequent order rejecting the application for restoration of the same must also be set aside. 3. It appears that during the pendency of the appeal before the District Judge, Meerut, the Central Government issued a notification in exercise of the powers conferred by Sub section (1) read with Clause (0) of Sub-section (2) of Section 46 conferring jurisdiction on the District judge, Dehra Dun, in respect of appeals arising within his jurisdiction. As this appeal arose out of the district Dehra Dun it is in the fitness of things that the District Judge, Dehra Dun should decide the appeal. For that purpose, the relevant records shall be sent by District Judge, Meerut, to the District Judge, Dehra Dun. 4. The writ petition is, accordingly, allowed. The orders of the District Judge, Meerut dated 6.1.1982 and 26.3.1982 are quashed. The District Judge Dehra Dun, is directed to decide the appeal of the petitioner afresh on merits.
For that purpose, the relevant records shall be sent by District Judge, Meerut, to the District Judge, Dehra Dun. 4. The writ petition is, accordingly, allowed. The orders of the District Judge, Meerut dated 6.1.1982 and 26.3.1982 are quashed. The District Judge Dehra Dun, is directed to decide the appeal of the petitioner afresh on merits. No order as to costs.