USHA DEVI BHARATHAN Vs. SABU J.

JUDGEMENT

(1.) The suit for declaration that sale deed Nos. 2294, 2295 and 2296/2010 are null and void and for consequential reliefs was dismissed by the court below. Thereupon, the petitioner who is the plaintiff in the suit, filed an application styled as review petition, seeking restoration of the suit. The trial court considered the application and allowed the same on payment of costs. However, the costs as directed was not paid. Consequently the application for restoration stood dismissed.

(2.) Seeking review of the order of dismissal, the petitioner filed review petition. The same happened to be dismissed for the reason that it is not in the proper form.

(3.) Thereafter, the petitioner filed applications seeking restoration of the suit under Order 9 Rule 9 CPC and to condone the delay. The said applications were allowed by the trial court. The respondent/defendant challenged the said order before this Court. The order was set aside by this court and directed the court below to consider the matter afresh. Thereafter, as per the impugned order, the trial court dismissed the applications.