Allahabad High Court
Sarvesh Kumar vs Rohailkhand Educational ... on 4 November, 2022
Bench: Jayant Banerji
HIGH COURT OF JUDICATURE AT ALLAHABAD
?E-court
Court No. - 1
Case :- CIVIL REVISION No. - 258 of 2016
Revisionist :- Sarvesh Kumar
Opposite Party :- Rohailkhand Educational Charitable Trust Bareilly And 4 Others
Counsel for Revisionist :- Arpit Agarwal,Garima Agarwal
Counsel for Opposite Party :- Santosh Kumar Giri
Hon'ble Jayant Banerji,J.
In Re: Civil Misc. Delay Condonation Application No.4 of 2020.
Heard Sri Akash Gupta, Advocate Roll- A/A0068/18, holding brief of Sri Arpit Agarwal, learned counsel for the revisionist and Sri Santosh Kumar Giri, learned counsel for the opposite party.
Learned counsel for the revisionist states that he has filed a counter affidavit to the delay condonation application today. With the consent of the parties, the delay condonation application is taken up for disposal.
The cause for delay has been explained in paragraph 5, 6 and 7 of the affidavit filed in support of the application. Learned counsel for the revisionist orally states that he has no objection to the delay condonation application being allowed.
Cause shown is sufficient.
The delay in filing the application, accordingly, condoned.
In Re: Civil Misc. Recall Application No. 5 of 2020.
The recall application has been filed for recalling the judgment dated 10.12.2019, which has been passed on merits of the case. The averment made in the affidavit for recalling of the judgment are mentioned in paragraphs 3, 4, 5, 6, 7 and 8 which are as follows:
"3. That the aforesaid case was listed so many times but lastly listed on 10.12.2019 before this Hon'ble Court and on that date the counsel for the Defendants-Respondents has not appeared before the Hon'ble High Court and this Hon'ble Court was pleased to allow the revision and set aside the order dated : 02.05.2016 vide His Lordship's Order dated : 10.12.2019.
A true copy of the order dated 10.12.2019 passed by this Hon'ble Court is being filed herewith and marked as ANNEXURE-1 to this affidavit.
4. That infact the case was listed on 10.12.2019, but it was not in the knowledge of the counsel for the Defendants-Respondents because due to unknown reasons the message has not come on the mobile of the counsel for the Defendants-Respondents, hence the counsel for the Defendants-Respondents has not appeared before the Court at the time of passing the aforesaid order dated : 10.12.2019. The counsel Shri S.K. Giri, Advocate is a subscriber to e-cause list High Court with card no. 5202, Mobile No. 9335163800 operated by Dan Technology.
A true copy of the card issued by company is being filed herewith and marked as ANNEXURE-2 to this affidavit.
5. That it is come to knowledge in the Defendants-Respondents when the said order dated : 10.12.2019 has placed before the Court below concerned on 14.01.2020 in Original Case No.-468/2010 (Sarvesh Kumar Vs. Ruhailkhand Educational Trust and others).
A true copy of the order sheet dated 14.01.2020 of the court below is being filed herewith and marked as ANNEXURE-3 to this affidavit.
6. That the deponent came at Allahabad on 23.01.2020 and contacted to the counsel and point this fact then the counsel for the making enquiry about the matter then it is come to know that the aforesaid case was already decided in favour of revisionist-plaintiff as an ex-parte and the learned counsel for the defendants-respondents without any further delay prepared the aforesaid recall application along with delay condonation application and now filed before this Hon'ble Court.
7. That due to the aforesaid reason the instant recall application could not file within time, hence this Hon'ble Court is requested to condone the delay, if any, in filing of the aforesaid recall application before this Hon'ble Court.
8. That in view of the facts and circumstances of the case stated above, it is expedient in the interest of justice that this Hon'ble Court may be pleased to recall the order dated : 10.12.2019 passed by this Hon'ble Court and after provide opportunity of hearing to the counsel for the defendants-respondents-applicants then decide the above noted case on merits, so that justice may be done and/or pass any other suitable order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case otherwise applicants shall suffer irreparable loss and injury."
No ground for recalling of the judgment dated 10.12.2019 is made out, which judgment has been passed on merits of the case.
The application is, accordingly, rejected.
Order Date :- 4.11.2022
CS/-
