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1994 Supreme(Del) 658

MOHD.SHAMIM
JASWINDER KAUR – Appellant
Versus
JATINDER PAL SINGH – Respondent


Advocates Appeared:
ASHOK KASHYAP, K.B.Soni, P.K.RAVAL, RAKESH SAHNI, S.C.SINGHA, S.N.KUMAR

Mohd Shamim

( 1 ) THIS is application under Order XLI, Rule 19read with Section 151 of the Code of Civil Procedure for setting aside the order dated February 10,1992 passed by the learned Predecessor of this Court whereby the revision petition was dismissed. The application is supported by an affidavit.

( 2 ) THE facts which gave rise to the presentation of the present application are as under: that the present case was enlisted forbearing on February 10,1992. The name of the Counsel for the petitioner was not shown in the cause list of the said date. However, Shri Ashok Kashyap, Counsel for the petitioner/applicant and Shri Raminder Pal Singh, one of the applicants, were present in the High Court on the said date. Shri Ashok Kashyap, Counsel for the petitioner, was on his legs before Hon ble Mr. Justice Arun Kumar when the case was called out. Shri Raminder Pal 157 Singh who was present in the Court requested some other Counsel to request the Court for a pass over. Later on, when Shri Ashok Kashyap came to the Court at 12. 20 p. m. he found that the revision petition had already been dismissed in default by the Court. Thus, the absence of Shri Ashok Kashyap was not intentional but





















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