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NAMIT KUMAR
Darshan Kaur – Appellant
Versus
Sukhdev Singh @ Sukha Singh – Respondent
| Table of Content |
|---|
| 1. petitioner's application history and preceding orders. (Para 1 , 2) |
| 2. petitioner's explanation for non-appearance. (Para 3) |
| 3. court's evaluation of petitioner's conduct. (Para 4 , 5 , 6) |
| 4. denial of the revision petition due to lack of merit. (Para 7) |
Judgment
Mr. Namit Kumar, J.
The challenge in the instant revision petition filed under Section 227 of the Constitution of India is to the order dated 16.01.2023 (Annexure P-6) passed by learned Civil Judge (Junior Division), Amritsar, whereby 3rd application filed by the petitioner for the restoration of his application filed under Order 9 Rule 13 read with Section 151 CPC which was dismissed in default vide order dated 04.01.2017 (Annexure P-3) and for restoration of his 1st application filed for restoration of his application filed under Order 9 rule 13 read with Section 151 CPC which was dismissed in default on 30.09.2019 (Annexure P-4), has been dismissed.
2. The brief facts leading to the filing of the present petition as has been narrated in the petition are that respondents No.1 and 2/plaintiffs have filed a Civil Suit No.96338 of 2013 titled as ‘Sukhdev Singh and another Vs. Darshan Kaur and another’ on 28.0
A party cannot shift their accountability for negligence to their attorney; multiple applications dismissed for the same reasons demonstrate abuse of the judicial process.
The mentioning of a wrong provision or non-mentioning of a provision does not invalidate an order if the court had the requisite jurisdiction.
The defendant-petitioner cannot be made to suffer for the fault of the counsel, and the procedure is meant for the advancement of justice.
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