The district judge had admitted a revision petition without condoning delay under Section 5 of the Limitation Act. The High Court had asked him to appear before it to explain the reason for such order.
As per the facts, when summons in the case were still not served, the revision-applicant was directed to do pairvi (persuade court). On October 12, the district judge had summoned the record of the execution case instead of the record of the suit.
Further, on October 17, the revision-applicant filed his reply to the objection and the matter was fixed for hearing on November 17.
However, the case was taken up by the judge on November 1, without assigning any special reason for recalling the file and further summoning the executing court’s order, it was argued by counsel for petitioner.
“How the case has been advanced by two weeks to pass the order is not reflected from the ordersheet. It is well settled that unless and until Section 5 application is allowed neither the appeal nor the revision can be held to be competent one,” the High Court had said in its order.
It had further noted that the judge in question was earlier hauled up for committing a similar mistake, but was shown leniency.
Source: Barandbench
