AN.SHANTHI Vs. INDIAN BANK

JUDGEMENT

(1.) The appellant herein challenges an order dismissing her application seeking restoration of her suit in O.S.No.4966 of 2015 by the XV Additional Judge, City Civil Court Vide his order dtd. 27/3/2023.

(2.) The appellant had laid a suit in C.S.No.1095 of 2008 on the file of this Court, wherein she challenged the sale certificate dated, 3/1/2007 issued by the DRT-1, Chennai in favour of the third respondent herein. This suit later came to be transferred to the XV Additional Court, wherein, it was taken on record as O.S.No.4966 of 2015. On 15/7/2016, the suit came to be dismissed owing to non-appearance of the plaintiff or her counsel. On 25/7/2016, the plaintiff filed I.A.No.88 of 2016 for restoration of the said suit. This application was supported by an affidavit, filed not by the appellant/plaintiff, but, by the junior counsel of the appellant's counsel. The averment made in the affidavit states that the deponent, the junior counsel, has wrongly noted the date of posting of the suit, which in turn has led to the dismissal of the suit for non-appearance on 15/7/2016.

(3.) The trial Court dismissed the said application essentially on the ground that an advocate may not file an affidavit for his client.