Singh Vs. Ajit Singh & Ors  Insc 921 (8 December 2006)
Arijit Pasayat & S.H. Kapadia
out of SLP (C) Nos. 17165-66 of 2004) Dr. ARIJIT PASAYAT, J Leave granted.
in these appeals is to the correctness of judgment rendered by a learned Single
Judge of the Punjab and Haryana High Court dismissing
the second appeal filed.
appeal was decided in the absence of learned counsel for the appellant yet the
High Court proceeded to decide the matter on merits.
counsel for the appellant submitted that an application in terms of Order XLI
of the Rule 27 of the Code of Civil Procedure, 1908 (in short the 'CPC') was
filed. Shri Ishwari Parshad, Advocate was initially engaged by the appellant at
the time of admission. He retired from practice due to his old age. Thereafter
another learned counsel Sh. Susheel Kumar Goyal alongwith his son Sh. S.B. Goyal
were engaged. Unfortunately, Sh. S.B. Goyal expired in 2001 and thereafter Sh. Sushil
Kumar Goyal also retired from practice.
the matter was listed on 22.10.2002 there was no appearance on behalf of the
appellant because of the aforesaid unforeseen circumstances. That is how there
was no representation when the matter was listed. Unfortunately, the High Court
without referring to all the relevant aspects placed for consideration, decided
the matter on merits.
counsel for the respondents submitted that though the appellant was not
represented, the High Court looked into the records and decided the matter.
factual scenario which is almost undisputed goes to show, there was no
representation when the matter was taken up before the High Court. Because of
circumstances beyond the control of the appellants, there was no appearance and
the matter was decided against them. Normally when the appellant is not
represented, the High Court would dismiss it for default and not go into the
merits in detail. That is precisely what has not been done in the present case.
peculiar circumstances, we set aside the order of the High Court and remit the
matter to the High Court for fresh hearing on merits.
counsel for the appellant stated that another counsel shall be engaged within a
period of one month. The matter shall be listed before the appropriate Bench
after a period of six weeks.
are disposed of to the aforesaid extent with no order as to costs.