ABDUL QADEER Vs. MOHAMMAD SAGHIR

JUDGEMENT

(1.) This revision petition is filed assailing the order of a Civil Judge dated 24.5.2001 whereby he had restored a civil suit under Order 9 Rule 9 Code of Civil Procedure and has condoned the delay in filing the application for restoration under Section 5 of Limitation Act.

(2.) Ms.Saiden Begum (who has died and is represented by her legal representatives, the respondents) had filed a civil suit for recovery of possession and mesne profits against the petitioner in 1987. The petitioner has contested it. Ms. Saiden had filed another civil suit against one Mohammad Hafeez Proceedings in both the suits were being conducted on the same day one after the other. These suits were fixed for evidence of the plaintiff on 17.5.1999. On that day one of the plaintiffs was present.

(3.) One witness was also present. But due to the absence of their counsel, the case alongwith the second suit was adjourned to 8.9.1999 for evidence of the plaintiff. Inadvertently, the adjourned date was wrongly noted by the court staff as 8.7.1999 on the file cover of the suit of petitioner. As a result this suit was taken up on 8.7.1999 and was dismissed for non-appearance of the plaintiffs. The second suit, however, was heard on 8.9.1999 and on subsequent dates and the plaintiffs and their counsel continued to appear.