C.R. No.1459 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.1459 of 2010 Date of Decision: 25.8.2010 P.R.T.C. and another ……Petitioners VERSUS Baldev Raj ……Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH -.- Present: Mr. Anupam Singla, Advocate for the petitioners. Mr. Amit Parashar, Advocate for the respondent. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? ALOK SINGH, J. (ORAL) 1. Present petition is filed challenging the orders dated 13.8.2008, 5.2.2009 and 21.12.2009, whereby the Appellate Court C.R. No.1459 of 2010 -2- has dismissed the appeal for non-prosecution, dismissed the applica- tion for restoration for non-prosecution and ultimately the restoration application was dismissed on merit, respectively. 2. The ground for recalling the dismissal order is that learned Counsel for the petitioners/appellants had gone to the foreign country, hence, could not appear on the date fixed. Ordinarily, in the opinion of this Court, every appeal or suit should be decided on merit after hearing both the parties. If learned Counsel for the appellants was not available and had gone to out of country then opportunity should have been granted to the appellants to make alternate ar- rangement. 3. In my view, in the peculiar facts and circumstances of the case, orders impugned are liable to be set aside. 4. Petition is allowed. Orders impugned dated 13.8.2008, 5.2.2009 and 21.12.2009 are set aside. Appeal is restored to its original number. Parties are directed to appear before the learned trial Court on 14.9.2010. Appellate Court shall decide the appeal on its own merit in accordance with law. Petitioners/appellants shall pay Rs.15,000/- as costs to the respondent. ( ALOK SINGH ) 25th August, 2010 JUDGE ashish