(1.) The petitioner had filed Special civil Suit No. 153 of 1996 in the Court of Civil Judge (Sr. Dn. ) , Akola for Specific performance of Contract. The suit came to be dismissed for default on 26th October, 1998. It is the contentipn of the petitioner that she for the first time came to know of dismissal on 15-9-2000 when she enquired about it upon death of her lawyer in May 2000. The petitioner filed an application for restoration of the suit under Order 9, Rule 9 of Civil Procedure Code on 18th September 2000.
(2.) The learned Civil Judge recorded evidence of the petitioner and found that there was no sufficient cause for absence of the plaintiff pn the date of hearing. Holding so, he dismissed the application.
(3.) An application for restoration is required to be filed under Article 122 of the limitation Act within 30 days of dismissal and not from the date of knowledge. In this matter the suit was dismissed on 26-10-1998 and the application was filed on 18-9-2000 i. e. almost after two years.