S S BUILDERS Vs. SITA RANI AHUJA

JUDGEMENT

(1.) By this order an application of the plaintiff filed under Order 9 Rule 9, CPC for restoration of the civil suit which was dismissed in default on 5.8.1999 will be decided.

(2.) The plaintiff has filed a civil suit against defendants for specific performance of an agreement of sale and in the alternative for a decree for recovery of Rs. 1,54,000/- with interest. Relief for permanent injunction is also claimed. The suit was contested by the defendants. Issues were framed on 17.10.1997 and the suit was posted on 4.8.1999 for recording the evidence of the plaintiff, on 5th and 6th August, 1999 for recording the evidence of the defendant No. 1 and on 7.8.1999 for recording the evidence of the defendant Nos. 2 to 5. The matter was notified before the Joint Registrar on 6.2.1998 in the presence of the Counsel for the plaintiff. Joint Registrar noticed that the list of witnesses had not been filed. He directed the parties to produce witnesses at their own responsibility and directed the case to be listed before the Court on the date fixed for trial. In accordance with the order of the Court dated 17.10.1997 the case was listed before the Court on 4.8.1999 for recording the evidence of the plaintiff. Neither the plaintiff nor its Counsel appeared at the hearing. The Court directed the suit to be listed on 5.8.1999 which was a date for recording the evidence of the defendant. On 5.8.1999 the Court dismissed the suit by passing the following order: There was no appearance onbehalf of the plaintiff yesterday i.e. on 4.8.99.Even today also neither the plaintiff's Counsel/plaintiff nor the plaintiff's witnesses is present.

(3.) Accordingly, the suit is dismissed in terms of Order XVII Rule 3, CPC for non-prosecution.