9911796707
TMI Blog1997 (12) TMI 645X X X X Extracts X X X X X X X X Extracts X X X X ..... r the appellants Ujagar Singh, Sr. Adv., and Ms. Naresh Bakshi, Adv. with him for the Respondents. O R D E R The following Judgment of the Court was delivered: Special leave granted. The appellants were tried for the murder of one Harpal Singh and on conviction, were sentenced to suffer life imprisonment and to pay a fine of ₹ 1,000/- by the learned special Court, Ludhiana vide judgment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ult of the counsel pleading no instructions, the appellants were proceeded ex-parte. On 8.2.1992, the learned trial court passed an ex-parte decree against the appellants. The appellants went to enquire about the proceedings in the case from their counsel. On 6.6.1992 on their enquiry, their counsel informed them that he had pleaded "no instructions" as a result of which they were proce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... We have heard learned counsel for the parties in this appeal and perused the record. There is no denying the fact that the appellants had engaged a counsel to defend them in the civil suit. The counsel for the appellants pleaded "no instructions" but the court did not issue any notice to the appellants, who were admittedly not present on the date when their counsel reported no instructi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... careless nor negligent in defending the suit. they had engaged a counsel and were following the proceedings. In this fact situation, the trial court, which had admittedly not issued any notice to the appellants after their counsel had reported no instructions, should have, in the interest of justice, allowed that application and proceeded in the case from the stage when t he counsel reported no i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase in the facts and circumstances of this case we feel that t he party in person was not at fault and as such should not be made to suffer." In view of what we have said above, this appeal succeeds and is allowed. The order of the trial Court dated 18.11.1991 and the ex-parte decree dated 8.2.1991 and the ex-parted decree dated 8.2.1992 are set aside. we also set aside the order of the Dist ..... X X X X Extracts X X X X X X X X Extracts X X X X
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