CMPMO No.17 of 2008 13.3.2008 Present: Mr.Anup Rattan, counsel for the petitioner. This petition is directed against the order of the learned Sub Judge, Ist Class, Amb, District Una dated 3.10.2007 whereby the application filed by the petitioner for recalling the order dated 4.12.1998 passed against him whereby he has been proceeded against party has been dismissed. Even as per the case set up by the petitioner had had received summons for appearance in Court on 21.10.1998. According to him he put in appearance on the said date. According to the petitioner on that date defendant No.1 Jugal Kishore told him that since he (Jugal Kishore) is holding General Power of Attorney on behalf of the petitioner Karnail Singh, he would represent him in the suit. According to the petitioner he accepted the statement of Jugal Kishore and therefore did not appear on 4.12.1998. Thereafter, according to the petitioner he remained under the impression that Jugal Kishore would be watching his interest in the suit. On 18.12.2006, the petitioner met his counsel at Amb in regard to the case and it was only then that he came to know that he has been proceeded against ex-parte on 4.12.1998 and an application for setting aside the said order was filed in the Court. This application was contested and the non-applicant has produced on record the photo copy of the document whereby General Power of Attorney executed by the petitioner in favour of Jugal Kishore was cancelled on 16th May, 1998. It is thus apparent that the GPA executed by the petitioner Karnail Singh in favour of Jugal Kishore stood cancelled on 16.5.1998 much before the first date of hearing in the suit, that is, 21.10.1998. It is thus obvious that the case set-up by the petitioner is totally false. Once he had cancelled the GPA in favour of Jugal Kishore there was no question of his remaining under the impression that Jugal Kishore would represent him in the matter. The learned trial Court has rightly dismissed the application. I find no merit in this petition which is dismissed. March 13, 2008. (Deepak Gupta), PV Judge