RAM NAYAN Vs. D.J., GORAKHPUR & OTHERS

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel appearing for respondents.

(2.) By this petition, the petitioner has challenged the order dated 15.9.2000 passed by District Judge, Gorakhpur, contained in Annexure-5 of the writ petition, in Civil Revision No.167 of 1998, Ram Nain Vs. Audhesh Singh and another and orders dated 14.2.1997 and 25.7.1998 passed by Civil Judge (Jr. Division) Bansgaon, Gorakhpur.

(3.) It appears that an Original Suit No. 994 of 1993 was filed by petitioner against the defendants-respondents no. 3 and 4 for cancellation of registered sale deed dated 28.9.1993 in favour of respondent no.4 and in the said suit an application for ad interim injunction was also moved. It appears that trial court has dismissed the suit on 14.2.1997 for want of prosecution. Against the dismissal of suit an application under Order 9 Rule 4 and Sec. 151 C.P.C. was moved alongwith an application under Sec. 5 of limitation Act for condoning the delay in moving said application. In the said application it was stated that on 14.2.1997 the suit was fixed for pairvi but due to illness of petitioner's mother, he could not do the pairvi and ultimately on 14.2.1997 the suit was dismissed for want of prosecution. Mother of the petitioner died and after becoming free after performing last rites of his mother, on 28.11.1997 he came to his counsel and was told that suit was dismissed on 14.2.1997, then he moved application for restoration of the said suit alongwith delay condonation application supported by affidavit but trial court has rejected the said application vide order dated 25.7.1998 and revision filed by petitioner has also been dismissed on 15.9.2000 stating therein that prior to dismissal of suit at several occasions, time and opportunity was given to the petitioner for taking steps to serve private respondents but petitioner has failed to take any steps, accordingly, suit has been dismissed under Order 9 Rule 3 of C.P.C..