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2018 DIGILAW 2579 (JHR)

Jai Prakash Deo v. Anjani Kumari @ Anjani Devi

2018-11-27

SHREE CHANDRASHEKHAR

body2018
JUDGMENT Shree Chandrashekhar, J. - The petitioner, who is opposite party no. 2 in Misc. Case No. 10 of 2011, is aggrieved of order dated 13.07.2015 by which his application for recall of order dated 19.02.2015 has been rejected. 2. By an order dated 19.02.2015, the opposite party nos. 2 and 3 were debarred from filing their objection to Misc. Case No. 10 of 2011. 3. Misc. Case No. 10 of 2011 has been filed by Anjani Kumari @ Anjani Devi for restoration of Title (D) Suit No. 26 of 1984. 4. In his application dated 04.03.2015, the petitioner has pleaded that to earn livelihood he along with his wife who is opposite party no. 3 in Misc. Case No. 10 of 2011 had gone out of their village. The petitioner has further pleaded that on 19.02.2015 he appeared in the court but his show-cause reply could not be filed due to delay in typing. The learned counsel for the respondent has supported the impugned order dated 13.07.2015 stating that the petitioner who was negligent in prosecuting Misc. Case No. 10 of 2011 has rightly been debarred from filing his show-cause reply in the said case. 5. By the impugned order dated 13.07.2015 the application filed by the petitioner for recall of order dated 19.02.2015 and to permit him to file his objection in Misc. Case No. 10 of 2011 has been declined on the ground that there was inordinate delay of 3 years by the petitioner in not filing his objection/reply in Misc. Case No.10 of 2011. 6. No doubt there was delay in filing the objection in Misc. Case No.10 of 2011, but then without a finding on the plausible explanation offered by the petitioner the application dated 04.03.2015 could not have been dismissed by the trial Judge. 7. In the above facts, the impugned order dated 13.07.2015 is set-aside. The petitioner shall be permitted to file his objection/show-cause reply in Misc. Case No. 10 of 2011 within four weeks. 8. The writ petition is allowed, in the above terms.