Due diligence in revisional proceedings defeats challenge to dismissal for want of prosecution when the petitioner stays absent on hearing dates.
A party that files a revision must remain vigilant about hearing dates and prosecute the matter diligently. Where the record shows repeated listings and the party does not appear on the fixed dates, the revisional authority may treat the revision as unattended and dismiss it for want of prosecution, even if service of notice is not affirmatively established on the record. The High Court found no illegality, impropriety, or material irregularity in the dismissal and declined interference in writ jurisdiction because the petitioner had not shown due diligence in pursuing the revision.
Issues: Whether the revisional order dismissing the revision for want of prosecution was liable to be interfered with on the ground of service of notice and denial of reasonable opportunity of hearing.
Analysis: The revision had been filed by the petitioner and remained pending on several dates, during which notices were issued. The record did not conclusively show endorsement of service, but the petitioner, having initiated the revision, was required to remain aware of the hearing dates and prosecute the matter diligently. In the absence of appearance on the fixed dates, the revisional authority was justified in treating the matter as unattended and dismissing it for want of prosecution. No illegality, impropriety, or material irregularity was shown in the impugned order.
Conclusion: The dismissal of the revision for want of prosecution was upheld and the challenge failed.
Final Conclusion: Interference under writ jurisdiction was declined because the petitioner failed to prosecute the revision with due diligence.
Ratio Decidendi: A party who institutes a revision must remain vigilant about its hearing dates, and dismissal for want of prosecution is not illegal merely because service of notice is not affirmatively proved when the party shows no diligence in prosecuting the matter.
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