BANK OF MAHARASHTRA Vs. KALAWATIBAI

JUDGEMENT

(1.) THE petitioner Bank/original plaintiff initiated Regular Civil Suit No. 585/1988 against the respondents/defendants in the Court of learned Civil Judge, Junior Division, Aurangabad, for recovery of an amount of Rs. 14,685. 15 paise, together with further interest at the rate of 12. 35 per cent. per annum, till the realisation of the entire amount.

(2.) THE above-said civil suit came to be dismissed in default of the plaintiff on August 23, 1991. The reason for such a dismissal was that since April 9, 1991, the plaintiff did not take appropriate steps in the matter so as to serve the defendants.

(3.) THE above said order dated 23rd August, 1991 was sought to be set aside and suit was ought to be restored on the file vide M. A. R. J. I. No. : 186/91. This was an application for setting aside the order of dismissal in default and for restoration of the matter. It is not clear from the order sheet as to on what date this MARJI No. 186/91 was filed. However the order sheet dated 7-5-1993 specifically indicates that the order of dismissal in default was set aside and suit was restored to file.