Satluj Jal Vidut Nigam Limited vs Jai Parkash Hyundai Consortium

V.K. Sharma, J.—Order dated 19.03.2011, passed by the learned Civil Judge (Senior Division) (I), Shimla, H.P., is under challenge in the present revision petition u/s 115 of the CPC (in short ''CPC''). By the impugned order, the learned court below has declined the prayer of the Petitioner for recalling its order dated 19.11.2007, whereby the suit filed by the Petitioner against the Respondent was dismissed as withdrawn.

The precise case of the Petitioner is that at the relevant time two suits, filed by it, were pending trial in the learned court below. One of the suits was against the present Respondent. The other suit was filed against Satluj Jal Vidut Nigam Workers Union. In fact, consequent upon compromise between the parties, in the civil suit filed by the Petitioner against the Satluj Jal Vidut Nigam Workers Union, it intended to withdraw the said suit as compromised. However, due to some inadvertent mistake a statement was made by the Learned Counsel for the Petitioner before the learned court below that the suit out of which the present petition has arisen had been compromised between the parties and he intended to withdraw the same.

On the bare facts of the case, the aforesaid error appears to be a bona fide mistake and is required to be rectified. When it is made out that the suit between the Petitioner and the Union representing its workers had in fact been compromised and was intended to be withdrawn, it cannot be said that the intention of the Petitioner was to withdraw the suit filed by it against the present Respondent, M/s. Jai Parkash Hyundai Consortium, which admittedly was not at all compromised.

In view of the above, the petition is allowed and the impugned order dated 19.03.2011 is set-aside. The learned trial court shall proceed to restore Civil Suit No. 105/1 of 2005, titled Satluj Jal Vidut Nigam Limited v. Jai Parkash Hyundai Consortium, to its files against the original number and proceed to try and dispose of the same in accordance with law.

The petition stands disposed of in the above terms. The parties through their Learned Counsel are directed to put in appearance before the learned trial court on 12th October, 2011. The requisitioned record be sent back forthwith so as to reach well before the date fixed.