FAO No. 1601 of 2009(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- FAO No. 1601 of 2009(O&M) Date of decision: November 10, 2009 Nachhattar Kaur and another ........ Appellants Versus Sohan Singh and others .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. S P Soi, Advocate for the appellants None for the respondents -.- 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporter or not? 3. Whether the judgement should be reported in the Digest? Nirmaljit Kaur, J. Oral) C M No. 8319 CII of 2009 For the reasons recorded in the application, delay of 10 days in filing the appeal is condoned. The application stands disposed of accordingly. Appeal This is an appeal against the order dated 17.12.2008 passed by the Election Tribunal, Patiala, vide which the petition filed by the appellants was dismissed in default. FAO No. 1601 of 2009(O&M) 2 While challenging the aforesaid impugned order, learned counsel for the appellants submitted that the counsel for appellants along with his Clerk after attending to a case before the trial Court, they went to the Court of Commissioner, Patiala Division, Patiala, to attend other cases, which were fixed for arguments. However, when they reached the court of Commissioner, Patiala Division, Patiala, they found that the present case had already been dismissed in default. It is stated that their absence was not intentional. It is further stated that an application for restoration of the petition was moved on 23.12.2008 which was duly supported with the affidavit of Raj Kumar, Clerk of Shri Navdeep Sharma, counsel for the appellant before trial Court. But the Deputy Commissioner, Patiala did not entertain the aforesaid application. Copy of the application as well as affidavit has been placed on record as Annexures A-1 and A-2, respectively. Notice of motion was issued to the respondents. Respondent No. 1 has been duly served. However, no one has put in appearance on behalf of respondent No. 1 in spite of service. It is also stated that respondent No. 1 is the only contesting respondent. From the above, it is clear that the present petition has not been contested. In view of the foregoing facts as well as in the interest of justice, the order dated 17.12.2008 passed by the Election Tribunal, Patiala, vide which the election petition was dismissed in default, is hereby set aside and the election petition of the appellants shall now stand restored. The Presiding Officer, Election Tribunal, Patiala, is directed to decide the same afresh on merits in accordance with law. FAO No. 1601 of 2009(O&M) 3 The appellants or their counsel shall now appear before the Presiding Officer, Election Tribunal, Patiala on 26.11.2009. Disposed of accordingly. (Nirmaljit Kaur) Judge November 10, 2009 mohan