CR No.2689 of 2004 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CR No.2689 of 2004 Date of decision:09.09.2010 Achhar Singh ......Petitioner Versus Kanwarpal Singh ......Respondent CORAM:HON'BLE MR.JUSTICE PERMOD KOHLI Present: None. ****** Permod Kohli J.(Oral) This revision petition is directed against order dated: 30.07.2003 passed by the Additional District Judge, Nawanshahr dismissing the application for restoration of the appeal for want of prosecution. It is stated that in a suit for specific performance of agreement, filed by the respondent-plaintiff, the trial Court passed decree dated: 23.06.1993. The petitioner-defendant, in the suit, filed an appeal in the Court of Additional District Judge, Nawanshahr. The said appeal was dismissed for non-prosecution on 19.03.2001 and an application for restoration of the same was filed by the petitioner-appellant. This application for restoration was listed on 30.07.2003 and came to be dismissed for non-prosecution in absence of the counsel for the petitioner-appellant and for non- production of the witnesses despite last opportunity. Except stating that on 30.07.2003, due to illness, the petitioner-appellant could not appear, no medical certificate or any other evidence has been produced. From the impugned order, it appears that even the witnesses were not produced up-to the date of dismissal, though the CR No.2689 of 2004 2 appeal was instituted in the year 2001. Even during the pendency of this revision, nobody appeared to prosecute this revision petition despite a note in the cause-list that the revision petition would be decided on merits even if nobody chose to appear. I have perused impugned order. As noticed, the plea of the petitioner of his illness on the date of dismissal of the appeal is not substantiated by any material. No ground to interfere. Dismissed. 09.09.2010 (Permod Kohli) Sailesh Judge