KAILASH NATH LAHIRI Vs. SHANTILAL KHUSHALDAS AND BROS PVT LTD

JUDGEMENT

(1.) The applicant filed a revision application to this Court bearing No. 28/76, which was dismissed for default by the order dated 17-9-76, which is impugned in this miscellaneous application.

(2.) In support of his contention that he remained absent from the Court for sufficient reason, the applicant filed an affidavit stating, inter alia, that he had left Goa prior to the 17th Sept. 1976, to attend on his brother who was suffering of blood cancer, in Gorakhpur; he arrived in Bombay on 17-9-76 and flew to Goa on the same day, but reached late on that day, which was the day fixed for hearing of his revision application. He further states that his advocate Shri Surendra Desai who was also ill and could not attend the court on the date of hearing. He has filed an affidavit of advocate Desai.

(3.) The respondent resisted this application for setting aside the order of dismissal of the revision application ex parte. A preliminary objection was raised by Shri S.K. Kakodkar, learned advocate for the respondent, that this Court has no jurisdiction to set aside an order dismissing a revision application. Shri Kakodkar argues that the inherent powers of the Court mentioned in S.482 of the Cr. P.C., cannot be used in view of the specific provisions of S.362 which in terms bars the jurisdiction of the Court to set aside such order. S.362 of the Cr. P.C., reads as under:-