SATISH SAWHNEY Vs. USHA VUJH

JUDGEMENT

(1.) This is an application by the plaintiff(here inafter referred to as appplicant) under Section 151 Civil Procedure Code for the restoration of the suit which was dismissed in default vide order dated 25.9.1991 by this Court. It is supported by an affidavit.

(2.) The case of the plaintiff is that counsel for the plaintiff, Mr. Amit S. Chandha could not appear before the Court as he was busy in some other court. Consequently, the case was called out and dismissed in default in his absence.

(3.) Defendant No.2 (hereinafter referred to as opposite party for the sake of the convenience) has resisted the case of the applicant, inter alia, on the follwoing grounds: that the present application is false and frivolous. It is liable to be dismissed. The application is not maintainable inasmuchas the counsel for the applicant expressed his inability to file replication or to admit or deny the documents put forward by defendant No.2 on 14.8.1992 and 23.9.1991 on the ground that he had no instructions, and therefore wanted to withdraw from the suit. The application is not supported by an affidavit sworn by the counsel for the applicant. A clerk of the counsel is not competent enough to swear an affidavit on behalf of a counsel. The reply is supported by an affidavit sworn by Brg-Anil Sahni, defendant No.2.