PRITHIPAL SINGH Vs. AVTAR SINGH WALIA

JUDGEMENT

(1.) THE petitioner has invoked the jurisdiction of this Court under Article 227 of the Constitution of India with a prayer to set aside the order dated 15th July, 2014 passed in M.No. 20/14 whereby the learned ADJ dismissed the applications filed on behalf of the petitioner under Order IX Rule 4 CPC for restoration of the suit which has been dismissed in default by the learned Trial Court as well as application under Section 5 of the Limitation Act for condonation of delay.

(2.) THE impugned order vide which the application seeking restoration of the suit as well as application for condonation of delay have been dismissed reads as under: -

(3.) THE petitioner has placed on record copy of proceedings of the learned Trial Court. A Civil Suit for Rendition of Accounts, recovery of Monies, return of Machinery and Cancellation of documents was filed by the petitioner in the year 2005 against the respondent Avtar Singh Walia S/o. Sh. Jawala Singh, Partner, M/s. APCON ENGINEERS AND CONSTRACTORS, A -17, Lajpat Nagar -II, New Delhi. The petitioner led ex -parte evidence and at the stage of judgment it was dismissed in default.