PRADEEP GUPTA Vs. PURN CHAND MALHOTRA

JUDGEMENT

(1.) The appellant instituted a suit for recovery of Rs.3,94,754.00 against the respondent under Order 37 of the Code of Civil Procedure before the District Judge, Central District, Tis Hazari Courts in which the summons were issued to the respondent on 5th Nov., 2011.

(2.) On 2nd Sept., 2013, the appellant failed to appear before the Trial Court whereupon the Trial Court dismissed the appellant's suit in default.

(3.) On 6th Sept., 2014, the appellant filed an application for restoration of the suit on the ground that there was a lapse on the part of the appellant's counsel. It was submitted that the appellant enquired from his previous counsel on 1st Sept., 2014 and thereafter, enquired from the Court and came to know of the dismissal of the suit. The appellant thereafter engaged a new counsel, who inspected the record on 4th Sept., 2014 and thereafter filed the application for restoration.