CHAKRESH JAIN Vs. NATHURAM

JUDGEMENT

(1.) THIS miscellaneous appeal is directed against the impugned order dated 18.1.2001 in M.J.C. No. 19/2000 by Tenth Additional District Judge, Bhopal, dismissing the appellants' application under Order 9 Rule 9 of the Code of Civil Procedure for restoration of Civil Suit No. 78 -A/2000 dismissed on 9.8.2000.

(2.) THE relevant facts leading to the present appeal stated in brief, are : that a suit for injunction was filed by the plaintiffs -appellants which was resisted by the defendants -respondents. Issues were framed in the suit. Thereafter, an application was filed under Order 14 Rule 2(2) of the Code of Civil Procedure. The matter thereafter, continued to be adjourned for hearing arguments on the said application. In the meanwhile, the trial Court also directed that the parties may produce orginal documents, the copies of which were filed by them on record.

(3.) THE plaintiffs -appellants filed an application under Order 9 Rule 9 of the Code of Civil Procedure for setting aside dismissal and restoration of the suit stating that they could not appear because of misconception and wrong noting of adjourned date as 10.8.2000 instead of 9.8.2000.