The High Court opined that the execution court committed a serious error in dismissing the petition without noting that there was negligence in prosecuting the application.
“A solitary instance cannot be a reason to dismiss the application. It is to be noted that in execution, there is no procedure of listing the cases for a trial with an advance list and there was no direction of the court for the appellant/petitioner to be present for hearing of the case. Therefore, the execution court could not have dismissed the application for non appearance“, the order stated.
Therefore, the Court set aside the order of the execution court and directed it to consider the matter afresh.
Source: Barandbench
