MAYYERI MOHAMMEDKUTTY HAJI Vs. NAZAR

JUDGEMENT

(1.) THIS revision petition is filed challenging the order of dismissal passed in an application for restoration of the suit under Order 9 Rule 9 of Code of Civil Procedure.

(2.) THE revision petitioner is the plaintiff in the suit. When the suit came up in the list on 04.03.2008, petitioner was not present and though the court directed him to take steps to examine him on commission, since he was seeking adjournments on previous occasions, no steps were taken. Therefore, the suit was dismissed for default. On the same day, petitioner filed I.A. No.279/2008 with a request to remove the suit from the list. But that was also dismissed.

(3.) AFTER the dismissal of the suit, revision petitioner filed an application to restore the suit stating various reasons. Objection was filed by the respondent contending that the averments in the petition and affidavit are not correct and that petitioner was not laid up, etc. The court, after considering the rival contentions, found that revision petitioner's conduct would reveal that he was not interested in prosecuting the matter. Every time when the suit was included in the list, he came up with a petition for adjournment and therefore, the petition was dismissed. Hence, this revision is filed.