Civil Rev. 2054 of 2009 1 IN THE PUNJAB AND HARYANA HIGH COURT, CHANDIGARH Civil Rev. 2054 of 2009 Date of decision: 7.7.2009 Jaspal Kaur and another Petitioner vs Mukhtiar Singh and ors Respondent Present Mr. JS Cooner, Advocate M.M.S.BEDI,J. Learned counsel for the petitioners submits that the claim petition filed by the petitioners on account of the death of their son was dismissed in default on 10.1.2008 but the same was restored on 4.12.2008 subject to payment of Rs.300/- as costs and the case was adjourned to 10.12.2008. On 10.8.2008 the proxy counsel appeared and the case was adjourned to 24.12.2008 for payment of the costs. It is claimed that on 24.12.2008 the proxy counsel appeared in the case but could not pay the costs whereas Mr. M.S. Gill, Advocate for the claimants was not present. Taking into consideration all the facts and circumstances of this case, it appears that the trial court could have granted time and adjourned the hearing exercising the powers under Order 17 Rule 1 CPC by awarding some costs for adjournment in the interest of justice. Issuing of the notice to the respondents and summoning them for accepting the costs for restoration of the claim petition will tantamount to unnecessary harassment to the respondents. In the interest of justice, the petition is allowed and the impugned order dated 24.10.2008 is hereby set aside in the interest of Civil Rev. 2054 of 2009 2 justice with a direction that the petitioners will deposit Rs.300/- for restoration of the claim petition with an additional cost of Rs.1000/- by 18.7.2009 with the learned MACT Jalandhar, which will be payable to the respondents. The petitioners will be entitled to file an application for restoration of the claim petition before the MACT Jalandhar, which will be allowed after notice to the respondents subject to a total payment of Rs.1300/- as costs to the respondents. In case the amount is not deposited by 18.7.2009, the revision petition will be deemed to have been dismissed. July 7 ,2009 ( M.M.S.BEDI ) TSM JUDGE