RAMBATI BAI Vs. GOVIND NARAYAN SHARMA

JUDGEMENT

(1.) This civil revision has been preferred by the applicants/plaintiffs challenging order dtd.21/4/2011 passed by 3rd Additional District Judge (Fast Track) Begamganj, District Raisen to the court of 3rd Additional District Judge, Raisen in Misc. Appeal No.25/2006 affirming the order dtd. 7/8/2006 passed by Civil Judge Class-II, Begamganj, District Raisen in MJC No.2/2006 whereby applicants/plaintiffs' application under Order 9 Rule 9 CPC was dismissed as barred by limitation, which has been affirmed by appellate Court, even after condoning the delay in filing of application under Order 9 Rule 9 CPC.

(2.) Facts in short are that, a civil suit for eviction on the grounds available under Sec. 12(1) of the M.P. Accommodation Control Act, 1961 (in short 'the Act') was filed by the original plaintiff-Bhagwan Das, (now dead, through LRs-the applicants) against the respondent in which the applicants/plaintiffs' evidence was over and two witnesses of defendant were also examined, and lastly on 23/3/2005 case was fixed for examination of defendant's witness-Mamta Sharma but at this stage the plaintiffs or their counsel did not appear, resultantly trial court dismissed the suit for want of prosecution. An application for restoration of civil suit under Order 9 Rule 9 CPC was filed on 4/5/2005 by applicants/plaintiffs for restoration of civil suit. As the application was barred by limitation of 9 days, therefore, an application under Sec. 5 of the Limitation Act was also filed.

(3.) Upon service of summons, the application was replied by the defendant with the prayer of its dismissal.