MAHENDER SINGH Vs. PANDU

JUDGEMENT

(1.) Petitioner had filed a suit for recovery of Rs.66,445.00 from the respondents towards the supply of sarees. The defendants though appeared in the said suit did not choose to file written statement. The suit was posted for examination-in-chief of the plaintiff. The plaintiff filed an affidavit in lieu of his examination-in-chief on 30/10/2014 and on 15/11/2014, the defendant filed application to condone the delay in filing the written statement and permit him to file written statement. The said application came to be allowed on payment of cost of Rs.300.00. The suit was adjourned from time to time from 18/11/2014 and on 2/12/2014, the written statement filed by the defendant was rejected as cost of Rs.300.00 was not paid to the plaintiff and the suit was posted for further examination- in-chief of P.W.1 on 7/1/2015.

(2.) The plaintiff remained absent on 7/1/2015, 14/1/2015, 24/1/2015 and 10/2/2015. The learned Trial Court dismissed the suit for want of prosecution against which the petitioner filed the Miscellaneous petition under Order 9 Rule 4 r/w Sec. 151 of CPC and in the said proceedings, the defendant remained absent and the learned Trial Court dismissed the miscellaneous petition stating that though sufficient opportunity was offered the plaintiff without any sufficient cause did not choose to tender further examination-in-chief against which the present petition is filed.

(3.) Learned counsel appearing for the petitioner submits that sufficient cause was shown for not tendering further examination-in-chief. Hence, the original suit requires to be restores to its original file and permit the plaintiff to prosecute the suit to secure the ends of justice.