GULSHAN KUMAR Vs. BABY SACHDEV @ REETA SACHDEV

JUDGEMENT

(1.) By way of this appeal under Order XLIII Rule 1(c) read with section 151 of CPC, a challenge has been made to the impugned order dated 4 th April, 2011 by which application of the appellant under Order IX Rule 9 read with section 151 CPC for restoration of suit which was dismissed for non appearance, has been dismissed.

(2.) Briefly the facts relevant for disposal of the present appeal are as under:-

(3.) Notice of the aforesaid application was issued to the respondent/defendant who had appeared there and sought time for filing reply. Thereafter, respondent/defendant did not file reply and was proceeded ex parte vide order dated 3.1.2011. The aforesaid application of the appellant/plaintiff was dismissed by the learned trial court vide impugned order dated 4.4.2011. Aggrieved with the same, present appeal is filed.