KOLANDASWAMI GOUNDER Vs. K M CHANDRAN

JUDGEMENT

(1.) THE plaintiffs have filed this revision against the order passed by the District munsif, Erode, refusing to restore I. A. 2123 of 1971 in O. S. No. 109 of 1969 which was dismissed on 7-1-1972. O. S. No. 109 of 1969 was dismissed after the advocate for the plaintiffs reporting no instructions. Within the time prescribed, the plaintiffs filed I. A. 2123 of 1971 for the purpose of restoring the said suit. On 17-12-1971, the ex parte order of dismissal was set aside on condition of the plaintiff's paying Rs. 25 as costs on or before 7-1-1972. The advocate for the plaintiffs has filed an affidavit in the above civil revision petition to the effect that he has noted the date as 17-1-1972, instead of 7-1-1972, with the result that the same was called on 7-1-1972 and I. A. 2123 of 1971 was dismissed.

(2.) IN view of the fact that the court has dismissed I. A. 2123 of 1971, owing to the fact that the advocate has noted the date wrongly. I. A. 367 of 1972 was filed by the plaintiff-petitioners under Section 151. C. P. C. for the purpose of restoring I. A. 2123 of 1971. The District Munsif, Erode, holding that the court has become functus officio subsequent to the dismissal of the suit and also dismissal of I. A. 2123 of 1971, and as such the petition under Section 151, C. P. C. for restoring I. A. 2123 of 1971 cannot be filed, dismissed I. A. 367 of 1972.

(3.) AGGRIEVED by the said order the plaintiff-petitioners in I. A. 367 of 1972 have preferred the above Civil Revision Petition, Mr. K. Sarvabhauman, learned counsel for the revision petitioners brought to my notice the affidavit filed by the counsel for the petitioners herein before the trial Court wherein it is stated that the counsel has wrongly noted the date of hearing. Because of this wrong noting of the date, the petition was called on 7-1-1972 and the same was dismissed. In the interest of justice, it is prayed that I. A. No. 2123 of 1971 has to be restored and the petitioners be given an opportunity to pay the costs and contest the suit.