IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 2757 of 2011 Date of decision: 28.4.2011 Kashmir Kaur … Petitioner versus Gurmit Kaur Sethi and another … Respondents CORAM: HON’BLE MR. JUSTICE ARVIND KUMAR Present: Ms. Ritu Punj, Advocate, for the petitioner ... ARVIND KUMAR, J: The present petitioner is one of the defendants in the suit for declaration titled ' Gurmit Kaur Sethi v. Kashmir Kaur and others'. She is aggrieved with order dated 12.2.2011 by dint of which plaintiff's suit which was dismissed in default on 28.8.2008, has been restored. Heard. The stand taken by the plaintiff was that her counsel noted a wrong date i.e. 25.11.2008 though the date was fixed as 28.8.2008 and as such, the absence of the plaintiff or her counsel was not intentional but due to wrong noting of the date. It is settled law that a party should not be allowed to suffer because of his counsel's fault. It would be harsh to non- suit the party merely due to non-appearance of the counsel on one date. The technicalities should take a back seat so far as determination of the rights of the parties is concerned. They should be afforded an opportunity to plead their case on merits instead of dismissing the case in default. In this back- drop of the facts, there is no infirmity in the impugned order passed by the trial Court. No interference is called for. The revision petition stands dismissed. April 28, 2011 ( ARVIND KUMAR ) JS JUDGE