KANHAIYALAL Vs. SOMWAR BHARTI

JUDGEMENT

(1.) THIS revision -application is filed by the defendants against an order of the Civil Judge at Indore restoring the Civil Suit No. 1778 of 1952 under the provisions of Order 9 Rule 9, Civil Procedure Code.

(2.) THE plaintiff Somwar Bharti filed a suit in the court of the Civil Judge at Indore against the petitioners for possession of certain lands in Motitabela at Indore and for permanent injunction. The suit was filed on 24 -12 -1952. The defendant did not file any written statement, but objected to the correctness of the boundaries of the land given by the plaintiff. The court therefore ordered the plaintiff to give further particulars of the boundaries of the disputed land. The plaintiff failed to furnish the particulars required, even though some opportunities were given to him. On 13 -4 -1955 when the case was called for hearing it was found that the plaintiff had not furnished the particulars required. He was also not present. His pleader was also absent. The suit was therefore dismissed.

(3.) THE application was opposed both on merits and on the technical ground that the order of dismissal of the suit was passed by the court under the provisions of Order 17 Rule 3 and therefore the application to restore it was not competent.