1983 INSC 0012
                                            Savithri Amma Seethamma

                                                           Vs

                                             Aratha Karthy and Others

                                          Civil Appeal No. 195 of 1983

                                     (P.N. Bhagwati, E.S. Venkataramiah JJ)

                                                      07.01.1983

                                                        ORDER

1. It appears that on March 30, 1982 when Civil Revision Petition No. 766 of 1981 preferred by the
1st respondent came to be heard by the Learned Single Judge of the High Court, the advocate
engaged on behalf of the appellant could not appear because he was engaged in another court and it
was only later, after the court had closed for the summer vacation on April 7, 1982, that he came to
know that the revision application had already been heard and decided in favour of the 1st
respondent. The learned Advocate for the appellant, on coming to know what had happened, made
an application supported by his own affidavit for rehearing of the revision application. This
application was rejected by the learned Single Judge of the High Court treating it as if it were a
review application. The Order rejecting the application for rehearing was made on June 22, 1982.
The appellant thereupon preferred the present appeal with special leave obtained from this court.

2. Now it is obvious that the appellant could not appear at the hearing of the revision application
referred by the 1st respondent because the advocated engaged by him was occupied in another court
and this fact was stated by the learned Advocate in the affidavit made by him in support of the
application for rehearing. We are, therefore of the view that on the facts and circumstance of the
present case, the appellant had sufficient cause for not being present at the revision application and
the learned Single Judge of the High Court, ought, in the circumstances, to have allowed the
application and reheard the civil revision petition applying the principle underlying Order 41, Rule
21 of the Code of Civil Procedure. We accordingly allow the appeal, set aside the orders dated
March 30, 1982 and June 22, 1982 passed by the learned Single Judge of the High Court and remit
the C. R. P. No. 766 of 1981 to the High Court for disposal of merits in accordance with law. It will
be for the Chief Justice of the High Court to consider whether the civil revision before the same
learned Judge or before any other learned Judge of the High Court. The appellant has already
deposited a sum of Rs. 500/- which the 1st respondent will be at liberty to withdraw and in addition
to this amount of Rs. 500 towards the costs of the present appeal. This additional amount of Rs.
500/- will be deposited in the High Court by the appellant in C. R. P. No. 766 of 1981 within four
weeks from today and the 1st respondent will be at liberty to withdraw the same.

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