SITESH KUMAR DWIVEDI Vs. RANJANA BHAGDIKER

JUDGEMENT

(1.) Heard on admission. This revision has been filed against the order dated 17-4-2002 passed in M.J.C. No. 7/1999 whereby the Court of VIII Civil Judge, Class-II, Bilaspur, has restored the Civil Suit No. 14-A of 1999.

(2.) Briefly stated facts arc that separate civil suits for eviction were filed by three persons namely Smt. Savita Bhagdiker, Sanjay Bhagdiker and Ajay Bhagdikcr against the tenants/defendants namely Sitesh Kumar Dwivedi, P.N. Hatekar and Dilip Purushottam. Notices were issued and the case was fixed for 8-3-1999 (or filing written statement before one week and for framing of issues. When the case was listed on 8-3-1999, plaintiffs and their Counsel could not appear and the case was dismissed for non-prosecution. Thereafter, applications for restoration were filed on 17-3-1999 on the ground that the plaintiffs had engaged their Counsel namely Shri R.K. Jaiswal and on that date Shri Jaiswal had some cases in Sessions Court of Pendra Road and Shri Jaiswal has instructed his junior S.L. Namdeo to appear, but he could not appear. The Court has dismissed the other suits also in default. The restoration applications were filed on 17-3-1999. Notices were issued to the tenants and they opposed the prayer for restoration and filed reply. Shri R.K. Jaiswal, Advocate, appeared for the plaintiffs/applicants as a witness (P.W. 1).

(3.) On being asked pointedly whether the defendants/tenants examined any witness in opposition to the restoration, Shri Dubey, Counsel for the applicant replied in vague. However, ultimately he admitted that none of defendants/tenants examined themselves nor examined any witness.