SEWAK SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The plaintiff-respondent No. 3 filed a suit against the present petitioner and two others for a declaration that he is entitled to the grant of sale certificate in respect of the disputed land measuring 8 kanals, as described in the heading of the plaint. The said suit was decreed ex parte in favour of the plaintiff-respondent on April 3, 1996. The petitioner filed an application for setting aside the ex parte decree, which was dismissed on August 2, 1997. Against the dismissal of his application for setting aside the ex parte decree, the petitioner filed an appeal before the Additional District Judge, Ferozepore. However, in appeal also, the petitioner did not come present on the date fixed. Consequently, his appeal was dismissed in default. Against the order vide which the appeal filed by the petitioner was dismissed in default, the petitioner filed an application for restoration, which was dismissed vide order dated January 9, 2002. It is against this order that the present revision petition has been filed.

(2.) Learned Counsel for the petitioner has contended that the date was noted wrongly by the counsel. The mistake was inadvertent.

(3.) Learned Counsel appearing on behalf of respondent No. 3 states that the matter has been lingering on since 1984 when the sale took place. He contends that the petitioner is deliberately delaying on the matter.