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1996 Supreme(Del) 429

KARAMJIT SINGH – Appellant
Versus
MANGLI DEVI – Respondent


J. K. Mehra, J.

( 1 ) I have heard the parties. The petitioner was served with summons in this case for 10th March, 1992. On that date neither the Presiding Officer, nor any of the parties were present and the following order was passed :

"present: Learned P. O. is on leave. As per order of Learned P. O. the case is adjourned to 21. 5. 1992 for F. P. sd/- Reader"

( 2 ) THE matter thereafter came up on 21st May, 1992 when the ARC was present and the petitioner was represented by his Counsel, but no one appeared for the respondent. Admittedly no notice had been served on the petitioner for 21st May, 1992 and no order was passed by the Court on 10th March, 1992. It is settled law that the Reader of the Court has no authority unless specifically authorised by Presiding Officer to fix the case for any particular purpose except to inform the parties of the next date for proper proceedings. No such authority existed in favour of the Reader in the present case. Notwithstanding this position the Trial Court proceeded against the petitioners ex-parte on 21st May, 1992 and directed the case to be put up for ex-parte evidence on 9th November, 1992. Prior to this I am informed that the respondent



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