Law:

Section:

(a) Practice and procedure--- ---- Marking presence of .parties in Court---Names of all those who had appeared in Court to pursue certain litigation need not be stated even in routine adjournment orders---Reader of Court generally marks attendance of counsel for the parties, on satisfying himself that the parties were represented alright---Court or any of its officials, likewise, need not record presence of a party's agent or attorney. (b) Civil Procedure Code (V of 1908)--- ----O.IX, R.8---Dismissal of suit for non-appearance of plaintiff---Plaintiff setting up plea of misconception of actual date of hearing---Case had been adjourned to 3-2-1980 which plaintiff and his counsel took to be 3-3-1980--­Possibility of a legitimate misconception about the actual date of hearing to which the case had been adjourned from previous date could not entirely be ruled out---Plaintiff's counsel, could have made his own statement appearing as witness and by presenting before the Court his diary, as also his brief or file cover, to show that the case had been adjourned to 3-3-1980 and not to 3-2-1980---Counsel however, generally avoid appearing as witnesses for the fear that they might get shabby treatment from the opposite-party or encounter certain amount of embarrassment, at least---Absence of plaintiff and his counsel on actual date of hearing seemed not to be intentional for he had not to adduce his evidence and was subject to no strain---Plaintiff was only to bring along his counsel for cross-examining the witnesses of the other side---Absence of plaintiff and his counsel was, thus, owing to certain confusion about the date of hearing---Plaintiff did not stand to gain anything by being negligent or intentionally erratic in noting down the correct date of adjourned hearing---­Carelessness on the part of counsel in failing to appear in absence of his client has often been dedoted---Immovable property of considerable value being involved, cause of justice would better be served, if suit was disposed of on merits, after parties were enabled to lead evidence for and against their stand-point---Case was remanded for decision on merits. (c) Civil Procedure Code (V of 1908)---…

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