Punjab-Haryana High Court
Gurdeep Kaur Wife Of Sohan Singh vs Financial Commissioner, Punjab, ... on 1 July, 2024
APURVA
2024.07.05 13:44
I attest to the accuracy and
authenticity of this
document/judgment
High Court, Chandigarh
CWP-14371-2024 -2-
Punjab, whereby the application bearing Miscellaneous No.99 of 2023
seeking restoration of main petition (ROR No.896 of 2022) has been
dismissed for non-prosecution. Learned counsel submits that on the said date
(29.09.2023), he could not appear before the learned Financial
Commissioner, Punjab as he was suffering from fever, however, his
associate had appeared before the said Court and requested for a date, which
was not acceded to by the learned Financial Commissioner, Punjab. It is
further submitted that in fact, 29.09.2023 was the first date fixed in the
application seeking restoration of the main petition (ROR 896 of 2022) and
the associate of the counsel had requested for adjournment, which could
have been considered by the learned Financial Commissioner, Punjab.
Learned counsel for the petitioner submits that the reason for
non-appearance before the concerned Court on 29.09.2023 was genuine
and not to gain any undue advantage.
3. Notice of motion to the respondents-State only.
4. Mr. Navneet Singh, Senior Deputy Advocate General, Punjab,
who is present in Court, accepts notice on behalf of the respondent-State.
5. Given the nature of the order being passed, there is no necessity
to seek any response from the respondents-State or even to serve the other
respondents.
6. I have heard learned counsel for the petitioner as well as learned
State counsel and gone the paper book with their able assistance.
7. I do not find any reason to disbelieve the reasoning put forth by
learned counsel for the petitioner as regards his ill health, due to which, he
could not attend the proceedings in the application seeking restoration of the
main petition (ROR 896 of 2022) on 29.09.2023, before the Financial
Commissioner, Punjab. Even otherwise, I am of the opinion that the matter
could have been dealt with by the learned Financial Commissioner, Punjab
by granting atleast one indulgence, may be subject to payment of costs. It
needs no reiteration that every Court of law must make an endeavour to
decide the lis between the parties on its merits to serve the cause of justice.
8. Keeping in view the aforesaid facts and circumstances, order
dated 29.09.2023 (Annexure P-8) passed by the Financial Commissioner,
Punjab is set aside and application bearing Miscellaneous No.99 of 2023 in
ROR No.896 of 2022 is restored to its original number and status.
9. Petitioner shall appear before the Financial Commissioner,
Punjab on 19.07.2024 or any other date convenient to the said Court.
Further, the aforesaid application seeking restoration of petition bearing
ROR No.896 of 2022 shall be decided on its own merits after affording due
opportunity of hearing to all the concerned parties.
10. The present petition is disposed of in the aforesaid terms.
11. All pending application(s), if any, shall also stand closed.
01.07.2024 (HARSH BUNGER)
Apurva JUDGE
1. Whether speaking/reasoned : Yes/No
2. Whether reportable : Yes/No
