MAHANT PRAYAG GIRI AND ANR. Vs. COMMITTEE OF MANAGEMENT, SRI MITHILESH SANATAN DHARM HIGHER SECONDARY SCHOOL AND ORS.

JUDGEMENT

(1.) HEARD the learned Counsel for the parties at length. Present appeal has been filed against the order dated 2.5.2000 passed by the Civil Judge (S.D.) Hardwar in Misc. Case No. 9/99 Prayag Giri and another v. Sri Mithilesh Sanatan Dharm Higher Secondary School rejecting the application filed under Order 9, Rule 9, C.P.C.

(2.) BRIEF facts of the case are that the plaintiff filed a suit for permanent injunction and for declaration of transfer deed as null and void. During the pendency of the suit the case was dismissed in default on 25th January, 1999. The plaintiff has filed an application under Order 9, Rule 9, C.P.C. for restoration of the suit. It was stated in the application that appellant No. 2 was doing pairavi in the case and on 24.1.1999, he fell ill and, therefore, could not attend the Court. He could not inform the Counsel as well. The learned Civil judge has rejected the application for restoration on technical ground only.

(3.) THE need of the society is that there should be justice oriented approach and the application for restoration should not be rejected only on the ground of technicalities.