Amar Dutt, J. — Notice of motion to Advocate General, Haryana only.
2. At the asking of the court, Mr. N.K Joshi, Assistant Advocate General, Haryana accepts notice on behalf of the respondent No. 1.
3. The grouse of the petitioners is that on 5.6.2002, the revision petition filed by them before the Additional Sessions Judge, Yamuna Nagar at Jagadhri was dismissed for non-prosecution on account of the fact that no one had put in appearance on behalf of the petitioners. Although, no reason for the absence of the counsel for the petitioners before the Additional Sessions Judge, Yamuna Nagar at Jagadhri is forthcoming, which absence cannot, by under any circumstances, be condoned, this petition will have to be allowed for the simple reason that once the Court below had issued notice and summoned the record, it was obligatory for it to have decided the lis on merits. If any judgment is required in support of this view, one can cite Dalip Singh v. Ram Singh, 1996 (2) RCR (Criminal) 320.
4. For the reasons recorded above, this petition is accepted and the impugned order passed by the Additional Sessions Judge, Yamuna Nagar at Jagadhri is set aside. Ordered accordingly.
The Additional Sessions Judge, Yamuna Nagar at Jagadhri will hear the revision petition after issuing notice to both the parties.
Petition allowed.