Cw 3012/2008 - Smt. Saraswati Devi & Anr. Vs. Madhu Singh & Ors. Order dt.1.7.08 1/3 S.B. CIVIL WRIT PETITION NO.3012/2008 Smt. Saraswati Devi & Anr. Vs. Madhu Singh & Ors. Date : 01.07.2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. N.K. Rastogi for the petitioner. Mr. J.K. Bhaiya for the respondents. Mr. Jitendra Chopra for the respondents. --------- 1. Heard learned counsels. 2. This writ petition under Article 227 of the Constitution of India has been filed against the orders dated 30.8.2007 and 26.3.2008 passed by the learned trial court in civil suit No.467/2004 wherein the learned trial court has rejected the objections filed by the present petitioners under Order 47 C.P.C. in the proceedings relating to final decree in a partition matter. 3. Learned counsel for the petitioners Mr. N.K. Rastogi submits that on 9.8.2007 at 2:30 PM the learned trial court had fixed the next date for disposal of the case on 31.8.2007 whereas the said matter was taken on board and listed before the learned trial court on 30.8.2007 one day prior and since nobody appeared on behalf of the petitioners, the objections were over ruled ex-parte in presence of other counsels. He, therefore, submits that the present petitioners Cw 3012/2008 - Smt. Saraswati Devi & Anr. Vs. Madhu Singh & Ors. Order dt.1.7.08 2/3 were deprived of pressing their objections before the learned trial court. He further submits that he filed a review application before the learned trial court which also came to be rejected on 26.3.2008 on the ground that the date fixed on 9.8.2007 was 30.8.2007 only and not 31.8.2007. 4. The learned counsel for the respondents opposed the submissions and has submitted that on 31.8.2007 there was a lawyer's strike day and, therefore, the matter was fixed on the date which was fixed by the learned trial court i.e. on 30.8.2007 only. 5. I have perused the record and from the certified copy of the order sheet Annex.11, it appears that on 9.8.2007 in the second part of the order sheet written on 2:30 PM the date fixed appears to be 31.8.2007 though there is slight over writing on a thin “0” as if “0” was made to appear as one. Though it was expected of the concerned clerk and Presiding Officer of the Court to have been very careful while writing the next date in the order sheet into brackets again if there was some overwriting and it is on account of such confusion only that it resulted in the impugned orders and ensuing litigation which has wasted so many man hours and time of this Court also. The learned trial Court is directed to be more conscious and meticulous about these matters in future. Cw 3012/2008 - Smt. Saraswati Devi & Anr. Vs. Madhu Singh & Ors. Order dt.1.7.08 3/3 6. Having heard learned counsels, this Court finds that the petitioner-objectors were deprived of their opportunity to press their objections in the matter and, therefore, the impugned orders dated 30.8.2007 and 26.3.2008 deserve to be set aside. 7. The writ petition is accordingly allowed and the mater is remitted back to the learned trial court for providing fresh opportunity of hearing to the petitioner-objectors. The parties may appear before the learned trial court tomorrow on 2nd July, 2008 as date is already said to be fixed there, when the learned trial court may hear the objections of the petitioners and decide the same in accordance with law. No costs. [ DR. VINEET KOTHARI ], J. item No.10 babulal/-