C.R. No.6147 of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No.6147 of 2007 Date of Decision: 5.2.2008 Ramesh Kumar .....Petitioner Vs. Suresh Kumar and another ...Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr.Rajinder Goyal, Advocate for the petitioner. Mr.Rakesh Gupta, Advocate for the respondents. RAJIVE BHALLA, J (Oral) Prayer in this petition is, for setting aside the order dated 16.10.2007 passed by the Additional District Judge, Kaithal, whereby the learned trial Court refused to recall an order, dismissing the petitioner's appeal in default. I have heard learned counsel for the parties and perused the impugned order. As the application for restoration was filed on the same day i.e. on 6.3.2007, the learned additional District Judge, Kaithal, should have restored the application, instead of compelling the petitioner to approach this Court, by way of a revision. Whether the appeal was dismissed in default at 12.00 noon or at 4.00 PM is irrelevant. The question at issue was the dismissal in default and the subsequent application for restoration on the same day. The absence of the petitioner's counsel was neither intentional nor malafide. In view of what has been stated above, I am satisfied that the learned Additional District Judge,Kaithal, committed an error of jurisdiction C.R. No.6147 of 2007 2 in declining to restore the appeal. Consequently, the appeal is allowed. The order dated 6.3.2007 is set aside and the appeal is restored to its original number and stage. Parties are directed to be present before the Additional District Judge,Kaithal, on 27.2.2008 for further proceedings. The appellate Court shall decide the appeal within a period of four months from the next date of hearing. 5.2.2008 ( RAJIVE BHALLA ) GS JUDGE