CHIRANJI LAL Vs. PREM LAL

JUDGEMENT

(1.) Leave granted.

(2.) The plaintiff is the appellant herein. He filed a suit for decree for permanent injunction. It was dismissed for default by an order dtd. 8/9/1986. One of the grounds taken in the application for restoration of the suit, which was prepared on 9/9/1986 and filed on 17/9/1986, was that the pairokar of the appellant could not reach the Court in time. The said application was signed by the lawyer of the appellant. No signature of the pairokar was put on the said application.

(3.) The learned trial Judge dismissed the said application for restoration holding that the said pairokar had no authority to file the application, although, the same was signed by his lawyer.