NEERAJ BANSAL Vs. PAWAN GUPTA

JUDGEMENT

(1.) BY way of present appeal, the appellant has challenged order dated 08.12.2010 by which the application filed by the appellant under Order 9 Rule 9 read with Section 151 CPC for restoring the suit alongwith application under Section 5 of the Limitation Act for condonation of delay in filing the application for restoration of suit has been dismissed.

(2.) BRIEFLY , the factual background of the case is as under: -

(3.) THE counsel for respondent is also present. The stand of the respondent is that the appellant/plaintiff was well aware of the proceedings before the trial court and he intentionally and deliberately did not appear on the dates fixed before the trial court. It is further submitted that the delay had not been properly explained by the plaintiff and there is no sufficient cause for restoration of the suit below. However, the learned counsel for the respondent after some arguments has submitted that for effective adjudication of the matter on merits, he has no objection if the impugned order is set aside, subject to payment of costs.