Petitioner Counsel :- Yogendra Kr. Srivastava Hon'ble Krishna Murari, J.
Heard learned counsel for the petitioner.
Suit filed by the petitioner seeking cancellation of the sale deed was dismissed in default vide order dated 14.10.1999. By a decree of the same date, the counter claim made by the respondents was decreed. An application dated 21.10.1999 was filed by the plaintiffpetitioner to recall the order. Vide order dated 19.08.2002, Civil Judge (Junior Division), Mathura allowed the restoration application and recalled the order dated 14.10.1999 dismissing the suit in default. However, an observation has been made that this order shall have no effect on the decree of the counter claim of the defendantrespondent. The petitioner filed a revision before this Court, which was barred by limitation. An application under Section 5 of the Limitation Act was also filed. Due to change in the pecuniary jurisdiction, the revision was sent back to the court below. Vide order dated 08.12.2009, the court below has dismissed Section 5 application on the ground that the defendantpetitioner had failed to disclose the illness which precluded him from filing the revision in time nor had filed any medical certificate in support of the illness.
It is contended by the learned counsel that the petitioner was a semiliterate person and was not advised to file the medical certificate, as such, it could not be filed. However, the attention of the Court has been drawn to the medical certificate annexed along with the writ petition, which goes to show that petitioner was ill during that period and was undergoing treatment and was advised bed rest.
Prima facie, there appears to be force in the submission and the matter needs scrutiny.
Let notices be issued to respondent nos. 1 to 6, who may file counter affidavit. Petitioner shall take steps for service of notice on the respondents by registered post within 10 days. Office shall issue notices returnable within 8 weeks.
List after service of notice on the respondents.
Considering the facts and circumstances, until further orders of this Court, proceedings in Execution No. 7 of 2000 for the execution of the counter claim pending before (Civil Judge, Junior Division, Mathura shall remain stayed. 21.01.2010 VKS/ WP 2201/10