STATE BANK OF INDIA Vs. GLAVKOSMOS

JUDGEMENT

(1.) IA No. 7303/2004 (u/Section 151 CPC) This application has been filed by the plaintiff seeking restoration of the suit which was dismissed on 26.04.2004 in view of the order of the Division Bench passed on 12.11.2003 in FAO(OS) 290/98. In terms of the order dated 16.09.2004 of the Division Bench in RFA(OS) No.13/2004 the plaintiff has been permitted to re-agitate the issue in view of the fact that the plaintiff was not represented when the order dated 26.04.2004 has been passed. On 17.11.2005, and again on 02.02.2006, when this application was listed a plea was raised by learned counsel for the defendants that the restoration of the suit would be a fruitless exercise since no cause of action survives in the present suit. Learned counsel for the plaintiff was thus put to notice that this court would examine both the issues of restoration and the survival of cause of action, if any.

(2.) It is in view thereof that arguments have been heard on both the aspects today.

(3.) In view of the averments made in the application, I consider it appropriate to allow the application and restore the suit. CS(OS)2805/1996