SALIMABI D/O. YUSUFF SAB, W/O. ABDUL JABBAR Vs. CITY MUNICIPALITY CHIKMAGALUR REP BY ITS COMMISSIONER CITY MUNICIPALITY CHIKMAGALUR CITY

JUDGEMENT

(1.) THE petitioner / plaintiff filed a suit for permanent injunction and consequential reliefs. On 24.05.2012, when the matter was listed for evidence of the plaintiff, she did not appear and there was no representation made on her behalf. Thus, the matter was adjourned to 02.06.2012. On that day also, neither she was present nor her counsel was present. Hence, the suit was dismissed for non -prosecution.

(2.) THEREAFTER , an application under Section - 151 of CPC was filed by the counsel seeking restoration of the suit by setting aside the order dated 02.06.2012. The trial Court by the impugned order rejected the same. Hence, the present petition.

(3.) CONSIDERING this application, the trial Court noted that even on the previous date when the case was posted on 24.05.2012 neither the plaintiff nor the counsel was present and inspite of their absence, the matter was adjourned to 02.06.2012. On 02.06.2012, neither the counsel nor the plaintiff was present before the court. Hence, the application was rejected.