KAMLESH KUMAR JHA Vs. KHAZANI DEVI & ORS.

JUDGEMENT

(1.) The present petition arises out of the impugned order dated 7th July, 2018 by which the application under Order IX Rule 9 CPC filed by the Petitioner/Plaintiff (hereinafter 'Plaintiff') was dismissed and the order by which the suit was dismissed for non-prosecution dated 15th April, 2017 was maintained by the Trial Court. The suit was instituted in the year 1998 seeking partition and injunction in respect of many properties including vacant plot of land measuring 400 sq. yds. at Khasra No. 62/10/1, situated at Raj Nagar, Part-II, Palam, Delhi.

(2.) A perusal of the list of dates shows that during the pendency of the suit, one of the parties had expired and thereafter, evidence was led spanning over a period of 20 years. The Plaintiffs and the Defendants have concluded their evidence and the matter was at the stage of final arguments. At that stage on 15th April, 2017 the suit was dismissed with the following order.

(3.) The application under Order IX Rule 9 CPC came to be filed by the Plaintiff seeking restoration of the suit in which the Plaintiff's counsel has averred that the counsel was under the impression that the matter was listed at 12:30 pm for final arguments. However, by the time the counsel reached the Court, he was informed that the suit had been dismissed for non- prosecution.