2008 Supreme(Raj) 1805
RAJASTHAN HIGH COURT
Vineet Kothari, J.
L.Rs. of deceased Ram Vilas - Appellant
Versus
L.Rs. of deceased Bhagwati Lal - Respondent
S.B. Civil Revision Petition No. 30 of 2008.
Decided On : 2-04-2008
Advocates:
For the Petitioner:S.L. Jain, Advocate.
Headnote:Civil Procedure Code, 1908 – S. 115 – Matter was dismissed in default. Restoration application was allowed with subject to cost but was challenged by judgment debtor. The lower court was satisfied with the material placed before it that the decree holder was prevented from appearing in the matter. Exercise of discretion is not liable for interference in revisional jurisdiction.
JUDGMENT
1. - Heard the learned counsel.
2. This revision petition is directed against the order dated 1.11.2007 whereby the learned trial Court allowed the restoration application of the decree holder in execution application on the cost of Rs.600/- in favour of the judgment debtor. The judgment debtor has approached this Court by way of present revision petition being aggrieved by the said order.
3. The learned counsel for the petitioner submits that the learned trial Court has erred in allowing the restoration application on the ground that on the particular dated 19.2.1994 on account of advocates being on strike, the advocate concerned could not appear in the Court on behalf of the decree holder. He submits that as a matter of fact, there was no strike of advocates on that date. He further submits that the Court below has also erred in taking into account the photocopies of the medical certificates produced by the decree holder seeking restoration of execution application.
4. Considering the submissions made at Bar, this Court is not inclined to interfere with the impugned order dated 1.11.2007 in revisional jurisdiction under Section 115 C.P.C. as the Court below appears to have been satisfied on the basis of material before it that the decree holder was prevented by the sufficient cause on the said date 19.2.1994 from appearing in the matter and pursuing the said execution application. The exercise of this discretion by the learned trial Court does not call for interference of this Court in revisional jurisdiction.
5. Consequently, this revision petition is dismissed. No order as to costs.Revision petition dismissed.
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