SHIV SHANKAR Vs. SHIV KUMAR

JUDGEMENT

(1.) The present revision has been preferred against the order dtd. 24th August, 2021 passed by the Civil Judge, Class-2, Nawagarh, District Janjgir Champa in MJC No.3/2019 whereby the application filed by the plaintiff/respondent No.1 under Order 9 Rule 9 of the CPC for restoration of the Civil Suit No.21-A/2013 has been allowed.

(2.) Brief facts of the case are that the respondent No.1/plaintiff has filed the civil suit No.21-A/2013 before the learned trial Court for declaration of title over suit land bearing Khasra No.57/1, ad measuring area 1.00 acre situated at Village Kachanda, Tehsil Nawagarh, District Janjgir Champa.

(3.) The plaintiff had earlier also filed a civil Suit No.154-A/2007 which was rejected on 11/2/2010. The said civil suit was dismissed for want of prosecution on 3rd April, 2019 and on the next day i.e. 4th April, 2019, an application for restoration duly supported with affidavit was filed. After hearing the said application, the impugned order was passed.