JOKHU Vs. JILA SAHAKARI BHOOMI VIKAS BANK MARYADIT

JUDGEMENT

(1.) This petition has been brought being aggrieved with the order dated 21- 02-2017 passed by the Court of Third Additional District Judge Ambikapur, Surguja in Misc. Civil Appeal No.22/2016.

(2.) It is submitted that the petitioners had filed a civil suit against the respondents praying for reliefs of declaration and permanent injunction. The suit was dismissed for non-prosecution on 12/5/2000 as neither the petitioners nor their counsel were present on that date. The petitioners were unaware of the dismissal of the suit for the reason that the petitioners belong to poor class and they had been out of station for earning livelihood. They were also not informed by the counsel about dismissal of the suit. The plaintiffs/petitioners came to know about the dismissal in the year 2015 when they enquired about the status of the case and thereafter an application was filed by them under Order 9 Rule 9 of the CPC before the trial Court. The trial Court dismissed the application by order dtd. 25/7/2016 in Misc. Civil Case No.22A/2015 on the ground that filing of the application was delayed by 15 years. This order was challenged in Misc. Appeal No.22/2016, but the appellate Court has also dismissed the appeal on the same ground. Hence, this petition.

(3.) It is submitted that the petitioners are claiming for their valuable right in the civil suit and because they are illiterate, ignorant and had been out of station for years for earning livelihood they should not be made to suffer for these reasons.