STATE BANK OF INDIA Vs. KUMAR APPAREL INDUSTRIES

JUDGEMENT

(1.) THIS Notice of Motion is taken out by the plaintiffs for setting aside an order passed by this Court purporting to dismiss the suit for non-prosecution.

(2.) ON 29th November, 2001 this suit appeared on the daily Board for framing issues. The Advocate for the plaintiffs appeared before the Court. He, however, stated that he is not ready to go on with the matter. The Court did not find any valid reason for his saying so. The learned Single Judge therefore dismissed the suit for non-prosecution.

(3.) THE plaintiffs applied for restoration of the suit under Order IX, Rule 9 of the Code of Civil Procedure, 1908, which reads as under:--- 9. Decree against plaintiff by default bars fresh suit.---