E RAMENDRA RAO Vs. RADHAN MOHAN AGRAWAL

JUDGEMENT

(1.) HEARD .

(2.) THIS appeal arises out of the order dated 09-02-2001 passed by the Vlth Additional District Judge, Bilaspur in M.J.C.No.2/2000 whereby an application under Order 9 Rule 9 C.P.C. filed by the appellant/plaintiff for restoration of Civil Suit No.26-A/1999 which was dismissed in default on 03-01 -2000, was rejected.

(3.) LEARNED counsel for the appellant/plaintiff argued that the appellant had testified on oath that he was ill on 03-01 -2000, and therefore, could not appear before the Court. It was further submitted that the respondents herein did not lead any evidence in rebuttal. Learned counsel for the appellant urged that a liberal view and pragmatic approach ought to have been taken and the application under Order 9 Rule 9 C.P.C. ought to have been allowed.