UNION OF INDIA Vs. CHAMBA VALLEY TRANSPORT LTD

JUDGEMENT

(1.) This petition, under Article 133(1) of the Constitution of India, for the grant of a certificate that the case is a fit one For appeal to the Supreme Court is directed against an order of this Court, dated the 8th January 1968, whereby an application of the petitioner, under Section 151, C. P. C., for the reconstruction of the record of an appeal, was dismissed. The application was based on the following allegations:

(2.) The respondent had instituted a suit, against the petitioner, for the recovery of Rs. 1,40,000, as damages. The Senior Subordinate Judge, Chamba, who had disposed of the suit, had granted a decree for the recovery of Rs. 28,767-1-2, in favour of the respondent. The petitioner, through the Government Advocate, Chamba, had filed an appeal, in the Court of the Judicial Commissioner, against the decision of the Senior Subordinate Judge. The appeal was returned to the Government Advocate with certain office objections. The objections were complied with and the appeal was refiled in the Court of the Senior Subordinate Judge for being forwarded to the Court of the Judicial Commissioner. The appeal was not fixed for hearing, though the Judicial Commissioner had come on Circuit to Chamba many a time, after the refiling of the appeal. The Government Advocate made enquiries. He could not find any clue of the appeal in the office of the Judicial Commissioner. The petitioner prayed that the appeal which was lost for no fault of the petitioner may be reconstructed.

(3.) The application was contested, on behalf of the respondent.