MANMOHAN MODI Vs. S.C. SHARMA AND ORS.

JUDGEMENT

(1.) This appeal under order XLIII rule 1 (c) of the Code of Civil Procedure has been preferred by the plaintiff/appellant Man Mohan Modi against the rejection of his application filed under Order IX rule 9 for restoration of the suit, which was valued at Rs. 4,21,000.00 . The suit was dismissed in default of the plaintiff/ appellant on 23-7-1980. The Plaintiff/appellant applied for its restoration on 25-7-1980 on the ground that as the plaintiff/appellant was arrested on 14-7-1980 at Ghaziabad, when he was informed that he was required in a murder case at Aligarh and as such he could not appear in the suit on 23-7-1980. On the application being moved, the office pointed-out several defects, which were, among others, that :

(2.) The Court, after pointing out these defects, gave 7 days time to remove the defects.

(3.) Though these defects were subsequently removed and the fret of removal of defects finds a mention in the order-sheet dated 12-6-1980.